However, landlords can use a section 21 notice to conclude a tenancy at the end of an agreed fixed term, or during a periodic tenancy. Join the nla, and get access to landlord advice and resources. It is not appropriate for other types of lease such as a commercial property lease, or aresidential licence to occupy. Create a form 6a eviction notice online with our free template.
Housing act 1988 section 21 1 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and hous ing act 1989 and section 982 and 3 of the housing act 1996 and as modified by section 81 of, and paragraph 6 of schedule 29 to, the. Note a section 21 notice in england is a prescribed form and you must use the correct form for it to be valid. Section 21 refers to section 21 of the housing act 1988 that brought this notice into being. The first step is for your landlord to give you a section 21 notice. Notice seeking possession of a property let on an assured shorthold tenancy. The notice must provide the tenant with two clear months notice to vacate, allowing time for service. You can evict tenants who have an assured shorthold tenancy using a section 21 or section 8 notice, or both. The act is designed to improve the possession process for landlords and tenants. The notes that accompany the notice guide you in how to do this. The housing act of 1988 section 21, stated that a minimum of two months notice must be served on a tenant. You dont have to sign a section 21 notice to prove youve received it. Cookie policy uk besmove ltd, 3 more london riverside, london, se1 2re. Factsheet 1 of 3 your landlord does not need a reason to end your assured shorthold tenancy ast but must follow the correct procedure. Section 21 notice section 21 notice template s21 notice.
You also cannot use a section 21 notice if you have not given the tenants copies of. Particularly after last years significant changes to the rules around service of a section 21 for new tenancies if the property is in england. Free section 21 notice mudhut let your property online. A section 21 notice allows a landlord automatic right of possession without having to give any grounds, or reasons, once the fixed term has expired. This is a mandatory document for any landlord wishing to regain possession or agree a new tenancy and must be completed correctly to be valid.
Flow chart for checking statutory validity of section 21. How much notice you must be given a section 21 notice must give you at least two months notice. Youll be able to challenge your eviction and stay in your home. The landlord must serve the section 21 notice in writing giving the tenant a minimum of two months notice the they require possession of the property at the end of the. The notice can be served at any time of the month and does not need to coincide with the rent payment date. Use a section 8 notice if your tenants have broken the terms of the tenancy.
It gives the landlord the right to request you to leave the property, giving you two months of time under the rules of section 21. Section 21 a possession notice for ending a tenancy created before 1 october 2015 and where the fixed term has expired. Send a cheque made payable to hm courts and tribunals service to the court with your completed form. In the case of the old periodic notice section 214a the notice given must be a minimum of 2 months, ending on the last day of a tenancy period one day before the date the tenancy agreement was signed specifying that possession is required after that day. Is the tenant occupying the premises under an assured shorthold tenancy. Sections 21 8 and 9, section 21a and section 21b were inserted by sections 37, 38 and 39 respectively of the deregulation act 2015 c. Section 36 inserts new subsections 4b4e into section 21 of the housing act 1988. Free and no credit card needed to complete and download printable pdf from. In 1996 the housing act was amended slightly and under section 98 of the 1996 housing act, it is stated that the notice must be served in writing and must contain prescribed information as a minimum to comply with the housing act.
Form 6a notice seeking possession of a property let on an assured shorthold tenancy. A tool for checking whether a notice requiring possession. Essentially, a section 21 notice is a way of asking your tenants to vacate the property after the end of their fixed term, while giving them time to do this. You can use a section 21 notice form 6a for periodic or fixed term tenancy. If a landlord wants their property back from an assured shorthold tenancy, a notice requiring possession under section 21 housing act 1988 must first be served unless grounds are available for a section 8 notice. Always get a receipt of service of the deposit notice section 2 housing act 2004. A section 21 notice is used when a landlord requires the tenant to vacate a rented property by a specified date. However, the landlord is required, under section 21 of the housing act 1988, to follow the correct legal procedure which includes serving a section 21 notice to their tenant.
You dont have to sign a section 21 notice to prove youve received it even if your landlord asks you to. A section 21 notice cannot be used during a fixed term. Notice seeking possession of a property let on an assured shorthold tenancy form 6a. Make a free eviction notice for your property using our stepbystep interview. You cannot have an ast if you landlord is the council. A section 21 notice to quit, so called because it operates under section 21 of the housing act 1988, is the notice a landlord can give to a tenant to regain possession of a property at the end of an assured shorthold tenancy ast. If the notice is valid you are expected to leave on the date the notice ends. Check if you have an ast you may have an assured shorthold tenancy ast if your landlord is a private individual or a housing association. The expiry of a section 21 notice does not bring a tenancy to its end. A section 21 notice must always give tenants on a fixed tenancy at least two months notice to leave your property. It is a legal template that enables a landlord to bring a tenancy to an end providing certain criteria are met. Housing act 1988 section 211 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and hous ing act 1989 and section 982 and 3 of the housing act 1996 and as modified by section 81 of, and paragraph 6 of schedule 29 to, the. Periodic tenancy note 1 1 name and to 1 address of tenant of 2 name and from2 address of landlord note 2 of 3 address i give you notice that i require possession of the dwelling of dwelling house known as3 4 date of after 4 expiry note 3 dated landlord. If your landlord gives you a section 21 notice and you dont have an assured shorthold tenancy, your notice wont be valid.
Section 21 invalid was the prescribed information given to the tenant and anyone who paid the deposit on their behalf before or at the same time as the section 21 notice was served. Download our tenant manual pdf, 646kb tenancy agreement. When your tenant receives this they will know that you are looking to regain possession of your property and would like them to leave by the date set. Free forms and documents for landlords property hawk. In england and wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. Our most popular form is discussed in detail on its own page. The changes there are new restrictions on serving section 21 notices early and a new template section 21 form. A section 21 notice must give tenants at least two months notice to vacate a property. A section 21 notice is the form your landlord must give you to start the process to end your assured shorthold tenancy. However, if the tenants fail to comply with the terms of the notice, then the document also constitutes the first step of the legal eviction process. However, this restriction is lifted as soon as the publication has been provided. Following the government announcement about planned changes to the eviction process made on the 15th april 2019, and the launch of the consultation on these changes, the national landlords association nla have created the following guide to help landlords understand changes to the eviction process, how the changes will affect future eviction and when the. Section 21 notice to quite template form free download. Section 214b prevents service of a section 21 notice in the first four months of the tenancy, or in the case of a replacement tenancy as defined in section 217, i.
Section 21 notice validity checker 3 answer the following questions to determine whether a section 21 notice is valid 1. Section 21 form 6a uk template make your free eviction. A section 21 notice should be used to seek possession of a property at the end of an assured shorthold tenancy. Follow the correct process to gain possession of your property safely and legally with this simple section. This form should be used by a landlord or a tenant who has been served with form 1 notice under section 62 of the housing act 1988, varying the terms of a statutory periodic tenancy.
And also more complicated to figure out which of the various section 21 versions the landlord should be serving. A section 21 notice is the legal form used to obtain possession of a buytolet property. Section 21 notices have no finite lifetime in which they can be used, they oldest reported case involves a section 21 notice which expired 6 years before the possession action began. Section 21 notice to quit is a legal tool, which the landlord can use to regain possession from a property which is let under an assured shorthold tenancy. It gives you notice to leave your home, but its legal for you to stay in your home after the date it expires. How to deal with a section 21 eviction notice advicenow. You can only be sent a section 21 notice to end an assured shorthold tenancy. You should use a section 21 notice to gain possession of a rented property let under an assured shorthold tenancy ast. It must be used to legally terminate an assured shorthold tenancy ast. Free section 21 notice to download and print as a pdf. If a tenant asks for works to be completed, a section 21 notice served in. This form should be used where a no fault possession of accommodation let under an assured. A section 21 notice isrequired only to terminate an assured shorthold tenancy ast.
For most landlords, serving a section 21 notice will be the most common way for them to start to end a tenancy. Time limits a section 21 notice cannot be served within 4 months of an ast starting. If you are serving a section section 21 form 6a, then the following applies if the section 21 was served in the fixed term, you have a use by date of 6. Section 21 notices for tenancies starting from 1102015 this factsheet explains the new requirements you must take into consideration when you issue a section 21 notice to a tenant on an assured shorthold tenancy agreement ast which started on or after 1 october 2015. Fast track eviction section 21 notice to get your property back from your tenant the very first thing you will need to do is to serve your tenant with a valid and legal section 21 notice to quit. Sections 218 and 9, section 21a and section 21b were inserted by sections 37, 38 and 39 respectively of the deregulation act 2015 c. Giving you notice is how your landlord tells you that they want you to leave their property and the date they want you to leave by. It is called a section 21 notice because the requirement for the landlord to serve the notice is a provision of section 21 of the ha 1988. Periodic notice section 21 4 a this notice is required when seeking a non fault based possession the tenant has done nothing wrong and for use during, on or before the end of a tenancy. Does the section 21 notice give at least two months notice and date given is at end at or after the end of the fixed term of the tenancy. How will government changes to section 21 affect landlords.
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