Section 21 Possession Notice
Section 21 Possession Notice
A Section 21 Possession Notice may be served by any landlord wanting to obtain possession of their property currently under an assured shorthold tenancy agreement because the period of the tenancy is due to expire, as covered by the Housing Act 1988 (Section 21 , sub-section 1 b).
A Section 21 Possession Notice is purely issued because you want the property back. Landlords should not serve this notice if the tenant has breached the terms of their tenancy i.e. not paid the rent. The Section 8 Notice should be used instead.
As a landlord you are obliged to give the correct period of notice. Under Section 21 of the Housing Act 1988 a landlord must give in writing at least 2 months notice of their intention to retake possession of their property. Therefore as a landlord you may serve a Section 21 notice on your tenants, 2 months before their tenancy is due to end, so that the expiry of the tenancy corresponds with the notice period.
Section 21 Possession Notice
Alternatively as detailed in Section 21 (4) (a) of the Housing Act 1988, a landlord may if the tenancy has expired and a periodic tenancy is now in place, serve a Section 21 Notice on their tenant, giving them 2 months notice. The Section 21 (4) (a) Notice should only be used for a tenant whose tenancy has turned into a statutory periodic tenancy, i.e. a tenancy that continues after the expiration of a fixed term assured shorthold. However, according to the Housing Act 1988, for any Section 21 Possession Notice served during a periodic tenancy, the date of expiry must be “the last day of a period of the tenancy”. This means 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 discover what date is the last day of the period for a particular tenancy, landlords must consult the initial fixed term tenancy as the periodic tenancy begins straightaway once the fixed term expires. Accordingly, if the rent is paid monthly, then the period of the tenancy is one month.
For example, if 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 so a notice served during the current period would need to be completed so that it expires on the final day of a period after a further 2 months (i.e. 14th October).
Section 21 Possession Notice
If the tenant doesn’t vacate after serving a Section 21 Possession Notice, landlords will then have no choice but to apply for a possession order from the County Court. When this happens the tenants are then required to vacate by the date stated on the possession order. If the tenants still do not leave, the landlord can then apply to the court for a warrant to evict. Subsequently, the court will then organize the eviction of the tenant by bailiffs.
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