Section 21 Notice to Quit

Posted on June 11th, 2011 by admin in Section 21

Section 21 Notice to Quit

The Section 21 Notice is frequently erroneously referred to as the “Section 21 Notice to Quit“, but more accurately it is a “Section 21 Notice Seeking Possession“. However, many property websites and landlords still speak of it as the Section 21 Notice to Quit, with others referring to it as a “Notice to Terminate”.

A Section 21 Notice is so named for the simple reason that it operates under Section 21 of the Housing Act 1988. A Section 21 Notice is the notice a landlord should give to their tenant to retake possession of their property at the conclusion of an Assured Shorthold Tenancy. The landlord is permitted to serve their tenant with a Section 21 Notice without stating any reasons for termination of the tenancy agreement.

The Section 21 4 a Notice to Quit is to be used when a tenancy is not within the fixed period and is therefore considered a periodic tenancy. If the tenancy is currently within the fixed period then you should use the Section 21 1 b Notice to Quit

Every eviction proceeding under an Assured Shorthold Tenancy begins with the serving of a Section 8 Notice or a Section 21 Notice. Progressing from Notice to a possession order is a complicated legal procedure that regularly collapses due to technicalities. An estimated 75% of landlords have fell down on this by having their Section 21 Notices or their court paperwork incorrectly completed, just to watch their eviction cases dismissed from court. Wrong dates are a common reason for failure. The most important things when compiling a Section 21 Notice are that you use the correct version, either Section 21 1 (b) or Section 21 4 (a), that the notice is served correctly with all the details accurate but most importantly with the correct dates.

Section 21 Notice to Quit

According to the Housing Act 1988, for any Section 21 Notice served during a periodic tenancy, the date of expiry must be “the last day of a period of the tenancy”. This requires that the day on which the notice expires must be the final day of a period of the tenancy.

The period of a tenancy depends on how frequently the rent is paid. In order to determine what date is the last day of the period for a certain tenancy, landlords should look at the initial fixed term tenancy as the periodic tenancy begins directly when the fixed term expires. Accordingly, if the rent is paid monthly, then the period of the tenancy is one month.

Section 21 Notice to Quit

Let’s say, the period of the tenancy is monthly and the first day of the current period is 15th July then the last day of that period will be 14th August and thus a Section 21 Notice served during the current period should be completed so that it expires on the final day of a period after a further two months (i.e. 14th October).

Lately since the introduction of Tenancy Deposit Legislation, landlords also must ensure that they have protected the deposit in one of the recommended schemes and have promptly given their tenants this information.

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Section 21 Notice to Quit

Section 21 Notice to Quit

Section 21 Notice to Quit

Section 21 Notice to Quit

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