Section 21 1 B Notice

Section 21 1 B Notice

Under the Housing Act 1988, provided that a landlord follows the correct legal procedure, any landlord who has agreed an assured shorthold tenancy, has the legal prerogative to take their property back at the conclusion of the tenancy. This involves the serving of a Section 21 Notice.

Section 21 of the Housing Act 1988 is divided into sub-sections with various processes to followed, reliant on whether the Section 21 Notice is served before the end of the fixed term or after this, when the tenancy has become what is called a periodic tenancy.

Consequently, there are 2 types of Section 21 Notices. The first, Section 21 1 b Notice, is formatted explicitly for notices served before the end of the fixed term. The second type is for use during a periodic tenancy. In both cases, landlords would be wise to make use of a specifically formatted Section 21 Notice form to guarantee that the form is completed correctly, that no information or details have been overlooked and is hence legally binding.

Possession under this Section 21 1 b Notice may not take place during the initial 6 months of an Assured Shorthold Tenancy, although it may be served. Under Section 21 of the Act, the landlord must give no less than two months notice in writing that they require possession of their property. Further time should be added if the Section 21 1 b Notice is to be sent by post as the 2 months period does not begin until the tenant receives the notice.  Consequently, it is sensible to post any Section 21 Notice by recorded delivery, allowing three days for delivery.

Section 21 1 B Notice

With completing the Section 21 1 b Notice, special attention needs to be given to ensure that the notice has been issued after a deposit has been protected, the necessary information provided and, where applicable, HMO[1] registration has been completed.  Legally Landlords cannot serve a Section 21 Notice if a tenancy deposit has been given to the landlord but has not been protected in a government authorised tenancy deposit scheme.

Landlords should be aware that to recover any owed rent and possession of a dwelling house; the landlord must seek possession by issuing a notice under Section 8 of the Housing Act 1988, as amended by the 1996 Act. It is not always necessary to issue a Section 21 Notice as well.

Section 21 1 B Notice

Tenants are required to vacate the property at the end of this notice period. Should the tenants decline to leave the property, the landlord may then apply to the County Court for a possession order.  If this occurs the tenants are then required to vacant by the date specified on the possession order.

If the tenants still do not leave, the landlord can then submit an application to the court for a warrant to evict. The court will then organise the eviction of the tenant through bailiffs and if this happens; the landlord may also claim the cost of any court action from the tenant.

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