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Section 21 Notice
To legally terminate an Assured Shorthold
Tenancy Agreement in England or Wales at the end of the fixed term,
the landlord must serve a Section 21 Possession Notice on the tenant
and must give the tenant a minimum of two months' notice.
If possession is
sought by the landlord during the fixed term then it can only be obtained
if a breach of contract has been proved and a Section 21 Possession
Notice would not be appropriate. A Section
8 Possession Notice should be used instead.
Section 21 is divided into subsections with
different rules applying to (a) notice served during the fixed term
of a tenancy and (b) notice for possession that is served during
a statutory periodic tenancy.
Notice served during fixed term (Housing Act 1988) Section 21(1)(b)
This notice applies to a fixed term Assured
Shorthold Tenancy where Notice for Possession is served during the
fixed term. Notice under this subsection can be served on a tenant
at any time during the fixed term of the tenancy (but not before
the fixed term begins) providing the tenant receives a minimum of
two months' notice. This is the case even if the two months' notice
ends after the Tenancy Agreement has expired. For example, if Notice
Requiring Possession is served on the last day of the Tenancy Agreement,
the tenant does not have to give up possession of the property until
two months after the date that the notice was served or until the
date written in the notice if it is further than two months away.
It should be noted that where the tenant is in the initial six months
of the tenancy, then the Section 21 Notice cannot expire before
the end of that six months.
The notice should be sent by recorded delivery, allowing 3 days for delivery.
This document is also included in our Tenancy
Package for England and Wales priced at £35.25 including
VAT. The package includes both versions of our Tenancy Agreement,
these Section 21 Notices, Section 8 Notice and an Inventory
(saving you more than £50 compared to buying the documents individually).
This document is £20.68 including VAT if bought individually. You can view a sample document here
How to order
Choose the appropriate format for your Section
21 Notice (served during fixed term):
Word
Template (.dot) or Word
Document (.doc) 
Notice served after expiry of fixed term
(Housing Act 1988) Section 21(4)(a)
This notice applies to a statutory periodic
tenancy which is a tenancy that automatically continues after the
expiry of a fixed term Assured Shorthold Tenancy. A minimum of two
months' notice is required and the day on which the notice expires
must be the last day of a period of the tenancy. The period of a
tenancy depends on how often the rent is paid. Thus, if the rent
is paid monthly, then the period of the tenancy is one month. The
periodic tenancy begins immediately after the fixed term expires.
For example, if the period of the tenancy is monthly and if the
first day of the current period is 6th May then the last day of
that period would be the 5th June and so a notice served during
the current period would need to be completed so as to expire on
the last day of a period after a further two months (i.e. 5th August).
This document is also included in our Tenancy
Package for England and Wales priced at £35.25 including
VAT. The package includes both versions of our Tenancy Agreement,
these Section 21 Notices, Section 8 Notice and an Inventory
(saving you more than £50 compared to buying the documents individually).
The notice should be sent by recorded delivery,
allowing 3 days for delivery.
This document is £20.68 including VAT if bought individually. You can view a sample document here.
How to order
Choose the appropriate format for your Section 21 Notice (served after fixed term):
Word
Template (.dot) or Word
Document (.doc)
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