Section 21 Notice Form

Section 21 Notice Form

Under the Housing Act 1988, a landlord who has granted an assured shorthold tenancy has a legal entitlement to obtain their property back at the end of the tenancy. In order to avail themselves of this right, landlords are required to follow the right legal procedure, which comprises of serving a Section 21 Notice (under section 21 of the Housing Act 1988) to their tenants.

There are 2 types of Section 21 Notices. The first is formatted explicitly for notices served before the end of the fixed term. The second type is for following the end of the fixed term and this is called a periodic tenancy. Landlords would be wise to make use of a specifically formatted Section 21 Notice form to ensure that the form is completed accurately, that no information or technicalities have been overlooked and is therefore legally binding. The landlord may serve the Section 21 Notice at any time.

If you serve the notice before the end of the fixed term, this will include the last day of the fixed term and the notice must give a notice period of at least 2 months.

Should you serve the notice after the fixed term, i.e. during a periodic tenancy, there is an additional requirement.  The Section 21 Notices must still give the tenant a notice period of no less than 2 months. However, the notice should give a date which must be the last day of a period of the tenancy. If this date is wrong, the notice will be invalid, and any claim for possession based on it cannot be pursued.

Section 21 Notice Form

Serving a Section 21 Notices can only be used to regain possession of a property at the end of an assured shorthold tenancy and it cannot be used to speed up possession during the fixed terms agreed.

Section 21 Notices may be served by post or in person. The courts will recognise the day of receipt, and therefore service, as the day on which the letter would normally have arrived. It is recommended that the sending of the notice is witnessed by a third party. If you decide to use the postal service, it is recommended that the Section 21 Notice is sent by recorded delivery and that no less than three working days are allowed for the notice to be delivered. Landlords should also note that every tenant must be named individually.

Section 21 Notice Form

Once landlords have issued the Section 21 Notice on their tenant, they are required to wait until the notice has expired (this is the date given on the notice) before they can start re-possession proceedings.

An important point about a Section 21 Notice is that it permits the landlord to repossess their property as of right. However, if you want to regain possession during the fixed term then it can only be sought if a breach of contract has occurred and proved. Landlords should use a Section 8 Notice form instead, as a Section 21 Notice will not be suitable.

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