Section 21 Notice

What Is A Section 21 Notice

A section 21 notice is an eviction notice a landlord will give to his or her tenant to re-gain possession of their property at the end of the fixed term or at the end of the tenancy.  A landlord can serve a section 21 notice on the tenant without giving any reason for ending the tenancy.  A section 21 notice to quit comes under section 21 of the Housing Act 1988. 
 
There are two types of section 21 with different procedures to be followed depending on whether the Section 21 notice is served before the fixed term of the assured shorthold tenancy has come to an end or after.  If a section 21 notice is served before the tenancy has come to an end then the landlord will need to serve a section 21 fixed notice. However if the landlord serves a section 21 notice after the tenancy or fixed term has come to an end then they will need to serve a section 21 periodic notice.
 

When To Use A Section 21 Notice

A landlord has the right to get his or her property back when the assured shorthold tenancy comes to an end.  This is highlighted under section 21 of the Housing Act 1988.  In order for the landlord to get his or her property back they will need to follow the correct legal procedure and serve a valid eviction notice on their tenant, this can be in the form of a section 21 notice.  A section 21 notice can be served during the fixed term of the tenancy or during the periodic term of the tenancy. 
 
As mentioned abover there are two types of section 21 notice with different procedures to be followed depending on whether the Section 21 notice is served before the fixed term of the assured shorthold tenancy has come to an end or after.
 
If a section 21 notice is served before the tenancy has come to an end then the landlord will need to serve their tenant with a section 21 fixed notice.  The landlord is required to give the tenant 2 full months notice and the tenant does not have to leave the property until the end of the fixed term.  Even if the section 21 notice fixed is served a few days before the fixed term comes to an end the tenant does not have to give up possession of the property until the end of the 2 months notice highlighted in the notice. 
 
If a section 21 notice is served during the periodic term (the fixed term has come to an end and the tenancy is rolling on, on a month by month basis) a landlord will need to serve their tenant with a section 21 periodic nnotice.  Again you will need to give the tenant 2 full months notice and the notice has to expire on the last day of the period.  A landlord needs to make sure that when serving the section 21 notice that it is served in the correct legal format with the correct expiry date.  If the notice is incorrect then this will invalidate the section 21 notice and prolong the possession process.
 
If a landlord wants to gain possession of their property before the assured shorthold tenancy has come to an end then they will need to show that certain grounds have been broken under the tenancy agreement, the most common are rent arrears.  In order for a landlord to re-gain possession of their property before the end of the fixed term the landlord will need to serve a valid section 8 notice to quit.
 

Serve A Section 21 Now

Serve a section 21 notice and gain possession of your property now or continue reading and learn more about a notice to quit.