Section 21 Notice Form

Any landlord who has entered into an assured shorthold tenancy (AST) with a tenant has a rightful claim to have their rental property returned at the end of the AST according to current Housing Act legislation. However, landlords must adhere to the correct procedure as prescribed by law and this means that they must provide their tenant with a repossession notice; however a landlord may serve this notice at any time in the current tenancy.

Click Here To Use The Free Section 21 Notice Form

There are distinct types of notices; one is formatted for notices served before the end date of a fixed term and the other kind is for after the conclusion of the fixed term. The latter type refers to a tenancy type known a periodic tenancy. To make sure that the notice is accurately filled out, that no technicalities have been forgotten and hence the notice is legally binding, sensible landlords should make use of a legally formatted Section 21 Notice Form.

Section 21 Notice Form - Repossession Notice Period

When you serve a notice prior to the final date given in the fixed term, the notice should include the final day of the existing fixed term and also the repossession notice must provide notice of no less than 2 months.

If a landlord wishes to serve a notice following the conclusion of the fixed term, namely during a periodic tenancy, there are some extra requirements.

he notice that has been served must provide a tenant with no less than 2 months notice; the notice should also state a date which must be the last date in an existing tenancy period. If this date is incorrect, then the notice served will be unenforceable.

The handing out of a Section 21 Notice Form can only be used to retake possession of a rental dwelling at the end of an AST and it may never be used to simply speed up repossession during the fixed term that had been previously agreed.

Section 21 Notice Form

Repossession notices can be served either personally or posted out to the tenant. All courts will acknowledge the day of receipt as the date on which the notice would typically have been delivered. If you opt to employ the postal service, it is highly advocated that the Section 21 Notice Form is sent by recorded delivery with three clear working days allowed. Every tenant must be named individually and it is also proposed that hand delivery of these notices is witnessed by 3rd party.

Once landlords have supplied the repossession notice to their tenant, they will need to wait for the notice period to run out before they can commence re-possession proceedings.

Repossession using Section 8 Notices

A key advantage of a notice citing section 21 is that it gives the landlord the automatic right to regain custody of their property. On the other hand, if you want to recover possession during a fixed term then one of several possible grounds will need to be proven. Landlords should then use a notice citing grounds from section 8 as a notice by virtue of section 21 is not appropriate.