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.
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.
The Prescribed Section 21 notice can 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 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.
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.