What is a Section 21 Notice

[marko]

I am a new landlord and want to learn more should I need it in the future regarding when a tenant leaves my property.

[moderator]

Section 21 Notice under the Housing act 1988

To legally terminate an Assured Short hold 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 Short hold 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.
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Site Moderator

[marko]

Thanks very much for your help,

Marco