Section 21 Notice

A Section 21 Notice is used by a landlord seeking 'no fault' possession of a property let under an assured shorthold tenancy (AST) in England and Wales. Notice can be served before or after the fixed term. The Prescribed Section 21 Notice should be used for ASTs created on or after 1 October 2015 in England only.

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Further Information

Updated new Prescribed Section 21 Notice now offered

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.

If possession is sought by the landlord during the fixed term because the tenant has breached any terms of the tenancy agreement, 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 served during a statutory periodic tenancy (i.e. after expiry of the fixed term). These rules apply to tenancies granted before 1 October 2015. For tenancies granted on or after 1 October 2015 in England, the new Prescribed Section 21 Notice should be used in both cases.

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.

Notice served before and after fixed term for tenancies in England created on or after 1 October 2015

The Prescribed Section 21 notice should be used both before and after the expiry of the fixed term. The landlord cannot serve this Section 21 notice within the first four months of the tenancy and the notice will now only last for six months for a fixed term AST and four months for a statutory periodic tenancy. This means that a landlord will have to wait six months before serving notice to terminate a twelve month AST.

There is now also a requirement that, before issuing a section 21 notice, the landlord must have supplied the tenant with:

Although not mandatory, it is advisable to supply the tenant with these documents at the start of the tenancy to avoid any delay when later serving a section 21 notice.

Sample

You can view online samples of the various Section 21 Notices here:

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 you will find it here: Notice to Quit for use in Scotland.

 
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