Section 21
Notice of Possession Order
Introduction
This article will be useful reading for all landlords, agents and tenants.
If you are a landlord of an Assured Shorthold tenancy, one way of gaining possession of the property at the end of the tenancy, is to serve a section 21 notice on the tenant.
What the law states:
Section 21 of the Housing Act of 1988 provides that a minimum of two months notice must be served on a tenant. In 1996 the Housing Act was amended slightly so that the notice must be served in writing.
How to do it
You can buy a section 21 notice, complete with explanatory notes from net Lawman. Links are available at the end of this article.
Service of notice can occur at any time after the commencement of the tenancy. Do not give notice before the tenancy has started! You must also allow the tenant to be in situ for a minimum of 6 months.
Ensure the format of the notice is correct.
All the tenants must be named on the notice especially in the case of sharers. If you want to be really careful then serve each individual with notice.
The serving of notice varies according to the type of tenancy. If notice is being served during the fixed term of the notice then you can do it in any form as long as you give the following details.
- name and address of all tenants;
- name and address of landlord;
- address of the property in question;
- date the notice is served;
- date possession is required;
- you must state that possession is being sought under the Housing Act 1988 section 21 (1) (b) or section 21 (4)(a) - Remember that if notice is being served during the fixed term of the tenancy then section 21 (1)(b) applies.
The most effective method if serving the notice is to deliver it by hand or first class mail. If you can, get the tenants to sign and return a copy to you.
Periodic Tenancies:
These are tenancies that have gone past the fixed term and are now into "periods". A period being the time the rent is paid. Notice can be served on the tenants and again you must give at least 2 months notice, but you must ensure that the notice period brings the tenancy to an end at the end of a rental period. If you don’t, the notice will be invalid.
Note if the rent is paid quarterly then you can only give notice to run out at the end of the quarter.
We recommend you always keep a copy of the notice served and other correspondence.
Section 21 and agreements available from Net Lawman: