Section 21 – Notice of Possession

How to End an Assured Shorthold Tenancy

For ending an Assured Shorthold Tenancy (AST), the landlord must serve a “Section 21- Notice of Possession” to his Tenants.

What exactly is a Section 21 Notice of possession

Section 21 Notice for Possession is a legal document that must be given by a landlord to his tenants if he wants to regain possession of his property. As a landlord, you can easily share a Section 21 Notice of Possession with your tenants without providing a reason. You can serve this Notice of possession on or after an Assured Shorthold Tenancy ends.

What is the best time to issue a Section 21 notice?

According to Section 21 of the Housing Act 1988, a Landlord has all the legal rights to obtain possession of his property after an Assured Shorthold Tenancy ends. This is true as long as the tenancy has ended and the landlords have correctly followed all the legal procedures by issuing Section 21 Notices to their tenants. If you want to protect yourself completely, it is often recommended that a notice be given to all the tenants residing on your property; this holds specifically true in ‘shared accommodations’.

If the tenancy has yet to end, but there is a valid reason to evict your tenant, you can efficiently serve a Section 8 Notice to your tenants. However, you should make sure that the ‘Notice to quit ‘you serve to your tenants is entirely valid.

Service of Notice

The landlord can serve the Notice either by post or deliver it to the tenants in person.

If you decide to serve the Notice by using postage services, it is often advisable to do this with the help of a ‘recorded delivery’ service. This record will prove that your tenants received your Notice correctly. You can use this proof in Court if the need arises. The date of post in the recorded delivery service is recognised as legal proof by the Court. However, it considers the date the Notice arrived instead of the day it was sent.

On the other hand, you can also deliver the letter containing the Notice in person. In this case, it is often recommended that you take a witness with you. This witness is required in Court to confirm the statement on your part regarding the delivery of the eviction notice or in case your tenant claims that you have not provided him with the Notice.

How to Serve a Section 21 Notice for the Fixed Term of the Tenancy

Section 21 of the Housing Act 1988, amended under the Housing Act 1996, describes “the landlord under a fixed term tenancy to give two months’ notice to recover possession in writing”.

This section means that if a tenant is covered with an Assured Shorthold Tenancy, he must be provided at least two months’ written Notice before the end date. The landlords can accomplish this by serving a Section 21 Notice stating all the intentions to repossess their property and the proper grounds and basis they are using to support the eviction claim. After serving the written Notice, this two-month period starts after the tenant provides a Section 21 receipt confirming that he received the Notice.

According to the Housing Act 1988, the landlord cannot take possession of his property anytime within the tenancy’s fixed term; however, he can serve a Notice as long as the tenant is provided at least two months before the eviction date. After two months of ‘Section’21 Notice’, the tenant must legally leave the landownelandowner’sy. Section 21 Notices can be served up to the last date of the fixed-term tenancy.

Various provisions available in section 21(1) (b) that can be used to apply for a fixed-term tenancy:

“Without” prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy by Chapter I above, on or after the coming to an end of a secure shorthold tenancy which was a fixed-term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied- “

a) “th” assured shorthold tenancy has come to an end, and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than a statutory periodic tenancy:”

b) “The “lord, or in the case of joint landlords, at least one of them has given to the tenant not less than two months stating that he requires possession of the dwelling-house.”

It is “possible to serve this Notice within at least two months before the ending date of the tenancy period; however, it should never be dated for just the purpose of expiring on or even before the last date of the tenancy period. For instance, let’s say that the tenancy period is to end on 31 March, then the eviction notice can be given to tenants even three months before the last date, i.e. on 30 December. However, the date mentioned on the Notice must be provided on or before the last day of the fixed term, on which the tenancy period ends, i.e. 31 March.

If the landlord gives a Section 21 Notice during any time in the fixed term of the tenancy period, the landlord also issues another fixed term tenancy to his tenant. Also, the landlord must serve a New Section 21 Notice to his tenant if the landlord wants to regain possession of his property.

Serving a Section 21 Notice during a periodic Tenancy

When the fixed-term tenancy ends, the tenancy will automatically become a periodic tenancy unless a new fixed term is signed. The new tenancy will be a week-to-week or a month-to-month periodic tenancy. It depends on the way your tenant wants to pay his rent.

According to section 21 of the Housing Act 1988, the landlord has to follow a slightly different procedure than giving an eviction notice to tenants within a periodic tenancy.

All the assured shorthold tenancies, which have become periodic, come under Section 21(4) (a) of the Housing Act 1988.

“Without” prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling house let on an assured shorthold tenancy, which is a periodic tenancy if the Court is satisfied”.

(a) “hat th” landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the Notice, being the last day of a period of the tenancy and not earlier than two months after the date the Notice was given, this section requires possession of the dwelling-house; and.”

(b) “hat t” date specified in the Notice under paragraph (a) above is not earlier than the earliest day on which, …….., the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the Notice under paragraph (a) above.”

A mini “um notice period of 2 months is required if a landlord wants to serve section 21 notices to his tenant in the fixed tenancy. The Notice must expire on the last date of the fixed tenancy.

The type of tenancy period depends on your tenant and how frequently he pays the rent. If he plans to pay rent every week, then the tenancy will automatically become a weekly periodic tenancy. On the other hand, if he wants to pay rent every month, it will become a monthly periodic tenancy.

This new periodic tenancy will start automatically right after the end date of the fixed-term tenancy. For instance, if the fixed tenancy ends on the 5th, the periodic tenancy will start from the 6th of that month. The last date for paying rent in this periodic tenancy will be the 10th of every month. As a result, the expiry date of the section 21 notice will be the 10th of the month; however, it should be issued at least two months prior to the 10th of the month.

What can a landlord do when the tenant refuses to leave even after the expiry of the section-21 Notice?

Suppose the tenant refuses to leave your property even after the expiry date and on serving the Notice by the landlord. The landlord can apply to the Court against his tenant for possessing his property. Suppose the landlord follows all the procedures correctly and adequately by issuing a Section 21 eviction notice. In that case, there is no chance that the Court will not grant him the possession of his property.

If the tenant refuses to leave even after getting the eviction notice from the Court, the landlord can approach county court to evict his tenant to regain possession.


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