Section 21 Notice

A Section 21 Notice is for use by a landlord in terminating an assured shorthold tenancy agreement in England and Wales, before or after the end of the fixed term.

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Further Information

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 Notice (also known as a Section 21 Eviction Notice or a Section 21 Notice to Quit) on the tenant and must give the tenant a minimum of two months' notice. In this case the notice is actually served before the end of the term.

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 (ie fater expiry of fixed term).

Notice to quit served before end of 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.

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).

The notice should be sent by recorded delivery, allowing 3 days for delivery.

Sample

You can view a sample online of a completed Section 21 Notice (before end of fixed term) by following this link: View Sample.

You can also view a (following expiry of fixed term) Section 21 Notice Template free by following this link: View Sample.

This Section 21 Notice template 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, the Section 8 Notices, these Section 21 Notices and an Inventory (saving you more than £50 compared to buying the documents individually). 

The Section 21 Notice is also available as part of a Property Annual Subscription (£70.50) or Full Annual Subscription (£199). These subscriptions give you access to a wide range of documents, packages and forms for a single annual discounted fee.

Scottish Version

If you are looking for similar Notice to Quit documents for use in Scotland, follow this link: Notice to Quit.

 
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