How to Issue a Section 21 Notice

12 September 2021

A Section 21 Notice can be used to gain possession of a property after the fixed term of the Assured Shorthold Tenancy (AST) tenancy has expired.

A Section 21 Notice should be used where a no fault possession of accommodation let under an AST is sought under section 21(1) or (4) of the Housing Act 1988.

When Should I Use the Section 21 Notice?

You can use a Section 21 notice to evict your tenants either:

  • after a fixed term tenancy ends - if there’s a written contract
  • during a tenancy with no fixed end date - known as a ‘periodic’ tenancy

A section 21 notice allows a landlord automatic right of possession without having to give any grounds, or reasons, once the fixed term has expired.

What Do I Need Before I Serve a Section 21 Notice?

Before you serve a Section 21 notice you will need to ensure that you have given the tenants copies of:

Giving Tenants the Section 21 Notice

If the tenancy started or was renewed after 30 September 2015, you must include specific information in your Section 21 - this is called 'prescribed information'.

Otherwise, you can write your own Section 21 notice. If it’s a periodic tenancy, you must explain that you’re giving notice under Section 21 of the Housing Act 1988.

You can create a free Section 21 Notice with the correct prescribed information here:

https://www.mudhut.com/patron/section-21-notice

How Much Notice Do I Give?

A Section 21 notice must always give your tenants at least 2 months’ notice to leave your property.

If it’s a periodic tenancy, you must also let your tenants stay for any additional time covered by their final rent payment.

The minimum period of notice which must be given in respect of an AST under section 21(1) or (4) of the Housing Act 1988 while the relevant provisions of the Coronavirus Act 2020 and the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 are in force is four months.

After You Give Notice

You will need to ensure that you keep proof that you gave notice to your tenants.

If you produce the document using our method above, it will be saved in both yours and the tenant's account.

If your tenants do not leave by the specified date, you can apply for an accelerated possession order.

Categories: Residential Lettings Best Practice Legal Aspects of Lettings