Section 21 Notice Template

According to current housing legislation, any landlord that has set up an AST with a tenant has a lawful right to recover their rental dwelling at the finish of any fixed term.

The landlord must follow the stipulated legal process and this starts with the completion and serving of a section 21 notice on the occupants. The key point about citing section 21 is that it secures a landlord's right to reclaim their rental properties.

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Section 21 Notice Template - Two Versions

One template is structured for eviction notices issued in advance of the expiry of the fixed period and the other template is for the phase following this expiration which is termed a periodic tenancy.

If a landlord issues this notice prior to the conclusion of the fixed period, (includes the final day of this fixed period), a section 21 notice should offer a notice time of 2 months or longer.

There is an additional obligation when landlords serve this notice following the fixed period, namely during a statutory periodic tenancy, ( note that according to the Housing Act 1988 a statutory periodic tenancy will commence right away after the fixed period concludes). This eviction notice must still offer the tenant notice of 2 months or greater; nevertheless, the section 21 notice template must state a day which should be the final day in a tenancy period.

If this day is erroneous, the notice could be deemed unenforceable, and any demand for repossession based on this is likely to fail. An eviction notice can stay in position until it is ended by a new tenancy being agreed with the tenant and subsequent to any fresh tenancy contract, the landlord must serve another eviction notice, citing section 21.

A notice citing section 21 can be served personally or by post. It is advised that any physical serving of the notice is seen by a third party witness. Usually courts will acknowledge the date of service as being the date when the notice would typically have been put through the tenants letterbox; so if you choose to utilise Royal Mail, it is advocated that the notice is mailed via recorded delivery with at least 3 working days given for the letter to be received by them.

This prepared notice should;

• Provide the tenant with two months notice or greater.
• Not end before the close of the fixed term (therefore if it is issued early in the term, the notice given could be far longer than two months).
• The notice must declare that it is served under section 21.

Therefore it is sensible to use a section 21 notice template prepared by someone with legal training.

Landlords may not issue section 21 notices in either of these circumstances;

• When a tenancy deposit has been given to the landlord or their agents; but was not safeguarded in a tenancy deposit scheme authorised by government.
• If the rental dwelling is a HMO which should have been licensed but has not.