Serving a Section 21 Notice

All landlords have the right by law to seek possession of their property at the conclusion of a fixed term tenancy providing that they comply with the appropriate legal process which encompasses the serving on their tenant of a repossession notice.

Section 21 in the 1988 Housing Act stipulates several different routes to follow, determined by whether the serving a section 21 notice is before a fixed term has concluded or subsequent to this, when the tenancy has converted to a periodic tenancy.

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A Section 21 notice is aptly named because it is specified within Section 21 of the Housing Act 1988. A Section 21 eviction notice is the notification that a landlord must give to their tenant in order to take possession of their property toward the end of an Assured Shorthold Tenancy (AST).

Landlords are permitted to hand out a Section 21 Notice to a tenant but they are not duty-bound to offer any explanations for termination of the tenancy. A Section 21 notice may be served at any point during a periodic tenancy.

Should a landlord require re-possession prior to the conclusion of a fixed tenancy term, it is also achievable as long as he can demonstrate that certain circumstances apply or other conditions have been met. In order to do this, the landlord must nonetheless still issue a notice on their tenant but this is known as a section 8 notice.

Serving a Section 21 Notice - Housing Act 1996 Amendment

Section 21 in the Housing Act of 1988 was changed in 1996 and it now stipulates that a landlord must provide any tenants with an AST at least 2 months notice in writing, declaring that possession of the property is being sought. These 2 months do not commence when the notice is posted but when the tenant is physically served with the said notice.

A Section 21 Notice can be handed out either personally or by post. If a landlord chooses to use Royal Mail, it is advocated that no less than 3 working days is given for this notice to be served and that it should be sent by recorded delivery. Courts will recognize the day of service through the postal system as the day on which the letter would have arrived under normal circumstances.

Serving a Section 21 Notice Period

The Section 21 Notice must provide tenants with no less than 2 months notice and not expire before the conclusion of a fixed term. Consequently if a notice is served at the outset of the term, this notice period could well be for longer than 2 months. Any notice should also declare as being by virtue of the 1988 Housing Act Section 21; hence it is sensible to employ a legally prepared template.

As every tenant must be cited in the notice it is also prudent to serve each individual tenant with their own copy. Landlords should always ask their tenants to sign the notice and give a copy back for their records.