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Section 21 Notice To Quit

End Your Assured Shorthold Tenancy with a Section 21 Notice

This notice serves as a termination of tenancy, as the landlord requires their property back. The tenant must be given at least two months’ notice. To ensure a compliant and hassle-free end-of-tenancy process, we offer our Section 21 Notice Pack, which includes all essential legal forms and guidance.

Section 21 Notices

Section 21 Notices, which are formally known as Notices of Possession under Section 21 of the Housing Act 1988, are crucial legal tools used by landlords to inform tenants that their assured shorthold tenancy agreements are coming to an end and that they must vacate the property within a specified timeframe.

While the UK government is considering abolishing Section 21 Notices, they remain essential for landlords to manage tenancy terminations and ensure orderly property management.

What is a Section 21 Notice?

A Section 21 Notice is a legal document that landlords use to inform their tenants that they require possession of the property that is being rented. Typically, this notice is given at least two months in advance and specifies the date the tenant is expected to vacate the property. It is used when the landlord has no specific reason to evict the tenant, such as rent arrears or breaches of the tenancy agreement.

When to Use a Section 21 Notice

Landlords can use a Section 21 Notice to evict their tenants in specific situations:

  • The landlord has decided not to renew the fixed-term tenancy agreement that has ended.
  • The tenancy is currently periodic, and the landlord intends to terminate it.
  • The tenant has not paid their rent for at least two months.
  • “The tenant has violated one of the terms mentioned in their tenancy agreement.”

How to Serve a Section 21 Notice

A Section 21 Notice must be served in writing, personally or by recorded post. The notice must be served at least two months before the date the landlord wants the tenant to vacate the property.

What is Included in a Section 21 Notice?

A Section 21 Notice must include the following information:

Please provide the following information:

  • – The name and address of the landlord.
  • – The name and address of the tenant.
  • – The address of the rental property.
  • – The date the landlord requires the tenant to vacate the property.
  • – The reason for eviction, if applicable.
  • – A statement informing the tenant of their right to challenge the notice.

What Happens if a Tenant Challenges a Section 21 Notice?

If a tenant contests a Section 21 Notice, the landlord may have to apply to court for an eviction order. The court will review the evidence from both parties and decide whether to grant the order.

How to Avoid Disputes with Tenants

Landlords can avoid disputes with tenants by:

  • We are serving Section 21 Notices correctly.
  • I am keeping records of all communications with tenants.
  • I am seeking legal advice if necessary.

Protect Your Rights with Our Section 21 Notice Pack

Don’t risk a messy dispute or, worse, in court. Get your premium and up-to-date Section 21 Notice Pack today and ensure you end your tenancy with the RIGHT legal forms and fill them out correctly.

 

  • You can use a prescribed template to fill in and print a comprehensive Section 21 Notice.
  • A checklist for serving a Section 21 notice, including all necessary information.
  • Section 21 covers a letter that can be used to explain the notice to your tenant. This letter is a guide only and should be amended to meet your needs.
  • You must complete a certificate of service form to prove you have served the notice correctly.
  • Here is a free tenancy agreement template that you can use for your next tenant.

Download your Section 21 Notice Pack today and avoid costly mistakes!

FAQs for Landlords Regarding Section 21 Notices

  • What is a Section 21 Notice?

A Section 21 Notice is a legal notification a landlord can serve to end an assured shorthold tenancy in England and Wales under the Housing Act 1988.

  • When can landlords use a Section 21 Notice?

After the initial fixed term of an assured shorthold tenancy has ended, landlords may issue a Section 21 Notice or do so at any point during a periodic tenancy.

  • How do I serve a Section 21 Notice?

To serve a Section 21 Notice, the landlord must provide the tenant with a written notice giving them a two-month notice period to vacate the property.

  • What must I include in a Section 21 Notice?

A Section 21 Notice should include the tenant’s full name, the rental property’s address, the date the notice is served, and the date the tenant must vacate the property.

  • What happens if a tenant challenges a Section 21 Notice?

If a tenant challenges a Section 21 Notice, the dispute may lead to a court hearing where the landlord must prove that the notice was served correctly and all legal requirements were fulfilled.

  • How can I avoid disputes with tenants when using a Section 21 Notice?

To minimise disputes, landlords should ensure that the notice is legally compliant, served correctly and that all required documents have been provided to the tenant.

  • What is the difference between a Section 21 Notice and a Section 8 Notice?

A Section 21 Notice is a ‘no-fault’ eviction notice that does not require the landlord to state a reason for ending the tenancy. In contrast, a Section 8 Notice is served when a tenant breaches the tenancy agreement.

  • What happens if I don’t have a Section 21 Notice pack?

If a landlord does not possess a Section 21 Notice pack, they can download it from the UK government website.

  • Can I get help from a lawyer with a Section 21 Notice?

It is advisable to seek guidance from a legal professional when serving a Section 21 Notice.

  • Where can I find more information about Section 21 Notices?

Detailed landlord and tenant law information can be found through the UK government’s official website, legal advisory services, or consultation with a solicitor.

  • What is the notice period for a Section 21 Notice?

The notice period for a Section 21 Notice is usually two months.

  • Can I end a tenancy early using a Section 21 Notice?

With both parties consent, It is possible to use a Section 21 Notice to end a fixed-term tenancy before its agreed expiration.

  • What should I do if my tenant does not vacate the property after I have served them with a Section 21 Notice?

If the tenant does not leave by the end of the notice period, the landlord must seek a court order for possession.

  • Can I evict my tenant without a Section 21 Notice?

No, evicting a tenant without a Section 21 Notice or a court order is illegal.

  • What is the purpose of a Section 21 Notice?

A Section 21 Notice is a legal means for landlords to reclaim their property at the end of a tenancy or during a periodic tenancy without demonstrating any fault on the tenant’s part. Its purpose is to provide landlords with a straightforward and reliable method to regain possession of their property.

  • What happens if my tenant refuses to leave the property after I have obtained an order for possession?

After a court has granted an order for possession, if the tenant refuses to leave, the landlord can request court-appointed bailiffs to enforce the eviction physically.

  • Can I use a Section 21 Notice to evict a lodger?

Section 21 Notices cannot be used to evict lodgers.

  • What should I do if I have any questions about Section 21 Notices?

It’s advisable to seek the guidance of a qualified solicitor or legal expert specialising in landlord and tenant law for specific questions or legal advice regarding Section 21 Notices.

  • What are the benefits of using a Section 21 Notice?

The benefits of this streamlined process include the ability to regain property possession without proving tenant fault. This process may also be faster than contested evictions under Section 8.

  • What are the risks of using a Section 21 Notice?

Risks may arise due to legal challenges in correctly serving the notice or meeting legal requirements, causing delays and additional expenses.

  • How can I increase the chances of my tenant vacating the property voluntarily after I have served them with a Section 21 Notice?

To increase the chances of a tenant leaving of their own accord, it’s crucial to maintain transparent and empathetic communication while offering assistance in finding new accommodation.

  • What should I do if concerned about a tenant’s reaction to a Section 21 Notice?

If there are concerns about the tenant’s reaction, approach the situation sensitively and communicate clearly and respectfully.

  • What additional things should landlords be aware of when using Section 21 Notices?

Landlords must follow the correct procedures and legal requirements while preparing for potential tenant disputes. It’s essential to adhere to all responsibilities and duties as a landlord throughout the eviction process.

However, please note that the information provided here is for general guidance only and may not be up-to-date or applicable to your situation.

You should seek professional legal advice or consult a solicitor or expert specialising in landlord and tenant law to ensure compliance with current legal standards and address any specific concerns or questions.

Legal advice can provide personalised guidance based on your circumstances and help ensure you are fully knowledgeable and protected in your tenant interactions.

End Your Assured Shorthold Tenancy with a Section 21 Notice

This notice serves as a termination of tenancy, as the landlord requires their property back. The tenant must be given at least two months’ notice. To ensure a compliant and hassle-free end-of-tenancy process, we offer our Section 21 Notice Pack, which includes all essential legal forms and guidance.

TENANCY AGREEMENT
SECTION 21 NOTICE
RENEWAL OF TENANCY AGREEMENT
SECTION 8 NOTICE
LODGER AGREEMENT
COMPLETE LANDLORD PACK
GUARANTOR PACK
PROPERTY INVENTORY
COMPANY LET AGREEMENT

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Section 8 Notice To Quit

What is a Section 8 Notice to Quit Template?

A Section 8 Notice is a legal document that landlords in the UK use to evict their tenants from a property. The Notice must be served to the Tenant to gain possession of the property according to the Housing Act 1988. The Notice should contain specific information, such as the grounds for eviction and the date possession is required (Section 8, Housing Act 1988).

The Notice must be signed by the landlord or an authorized representative, giving the Tenant at least two weeks’ Notice before the eviction occurs. However, if the landlord is evicting the Tenant for rent arrears, the Notice must be served at least two months before the eviction date.

You can Buy and Download your Section 8 Notice HERE

When do you use a Section 8 Notice of Eviction in the UK?

A Section 8 Notice is legally valid only if the landlord has a good reason to evict the Tenant. This could be because the Tenant still needs to pay the rent or breached the tenancy agreement’s terms. The Notice can also be used if the Tenant has caused a nuisance, used the property illegally, or is in rent arrears of 8 weeks or more. To support the eviction, the landlord must provide evidence that the Tenant has breached the tenancy agreement or is in rent arrears. More information about the grounds for eviction is available below.

After the Notice has been served, the Tenant must vacate the property within 28 days; otherwise, they could be taken to court. If the Tenant stays beyond 28 days, the landlord can apply to the court for an order of possession.

The Housing Act 1988 provides 17 grounds for a landlord to seek possession before the fixed term of tenancy has finished.

To evict a tenant, a landlord must obtain a court order for possession. However, before applying to the court, the landlord must serve a Section 8 notice to quit on the Tenant. This Notice informs the Tenant that the landlord intends to seek possession of the property and specifies the ground(s) on which possession is sought. 

The Section 8 notice must follow a prescribed format and include the grounds on which the landlord intends to gain possession and the reasons for relying on those grounds. Failure to issue the Notice will likely ensure the landlord’s ability to gain possession of the property.

What are the Grounds for issuing a Section 8 notice to quit?

Under section 8 of the Housing Act 1988, there are 17 separate grounds on which a landlord can seek possession of a property.

If the landlord wants to give Notice for ground 2, they must do so two months in advance. However, grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 only need to give two weeks’ Notice. The landlord must follow the appropriate procedure when serving a Section 8 notice. Any mistakes made can result in severe delays.

Grounds involving rent arrears

The most common reason for a landlord to issue a section 8 notice is rent arrears, which falls under grounds 8, 10, and 11.

Section 8 Notice – Ground 8

Rent is unpaid when the Notice seeking possession is served and at the time of the hearing for a Possession Order:

Rent can be paid weekly or fortnightly, and the Tenant must owe a minimum of eight weeks’ rent. If rent is paid every month, at least two months’ rent must be owed. For quarterly payments, the Tenant must owe a minimum of one quarter’s rent over three months overdue. For yearly payments, the Tenant must owe a minimum of three months’ rent, which is also over three months due.

Section 8 Notice – Ground 10

If the rent owed to the landlord has not been paid by the time the possession proceedings are initiated and was due when the Notice seeking possession was served, it can lead to eviction. However, if the Tenant has offered to pay the rent, but the landlord has refused to accept it, the Tenant can use this as a defence in the possession proceedings.

Section 8 Notice – Ground 11

If a tenant repeatedly fails to pay rent on time, a landlord can start possession proceedings against them, even if there are no rent arrears. 

Suppose the landlord is issuing a section 8 notice based on rent arrears. In that case, it is advisable to include ground 8 in the grounds relied upon, as it is the only mandatory ground covering rent arrears. If the landlord can prove that this ground applies, the court will grant a possession order.

However, it is recommended that landlords make use of all the grounds that apply, as they will all help the court decide whether to grant a possession order.

What are the Grounds for issuing a Section 8 notice other than rent arrears?

If a landlord can prove any of the grounds listed in a Section 8 notice, they can apply to a court for possession against the Tenant.

Section 8 Notice – Ground 2

The property has a mortgage that was taken out before the tenancy. The mortgagees are now repossessing the property to enforce the charge. If you plan to rent the property, the landlord should inform you in writing before or when the tenancy starts that possession may be required under this ground.

Section 8 Notice – Ground 12

The Tenant has breached any term of the tenancy agreement (other than the ones relating to the payment of rent).

Section 8 Notice – Ground 13

The property has deteriorated due to neglect by the Tenant or someone living with the Tenant, and the Tenant has failed to remove that person.

Section 8 Notice – Ground 14

The Tenant or someone living with or visiting the Tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes, or has been convicted of an offence in the local area.

Section 8 Notice – Ground 14A

Note that this ground is only open to registered social landlords or charitable housing trusts and can not be used by private landlords.

A couple occupies the property, one of them being a tenant, and one of them has left due to violence or threats of violence from the other partner or from a member of that partner’s family who is also living in the property.

Section 8 Notice – Ground 15

Furniture at the property has deteriorated because the Tenant or someone living with it has neglected the furniture, and the Tenant has failed to remove that person.

Section 8 Notice – Ground 17

The Tenant, one of the tenants, or a person acting on behalf of the Tenant has given false information to the landlord, resulting in the landlord granting the Tenant the tenancy.

When issuing a Section 8 notice to quit on a tenant, it is advisable to use all applicable grounds. This is because specific grounds are considered only at the court’s discretion and are often hard to substantiate.

How do I serve a Section 8 Notice on a tenant?

Landlords or their representatives must serve a written Section 8 notice to start the eviction process in the UK. This Notice should be served following the Civil Procedure Rules.

The Section 8 Notice must be served by one of the following means:

Please find below a more precise and error-free version of the text you shared earlier:

There are four ways to serve a notice to a tenant:

1. In-person: You can serve the Notice to the Tenant in person.

2. By post: You can send the Notice to the Tenant by first-class post. If you have a forwarding address for the Tenant, you can send the Notice to that address instead.

3. By leaving it at their last known address: You can leave the Notice at the Tenant’s last known address, either with a person of suitable age and discretion or affixed to a conspicuous part of the premises.

4. By email: You can send the Notice to an address you reasonably believe to be the Tenant’s current email address.

Please note that you need to keep a record of the date and method of service, as you may need to provide evidence in court if the Tenant disputes the Notice. 

It’s important to remember that service by email or post is only valid if the Tenant receives the Notice within the required timeframe. Depending on the grounds for eviction, this can be either 14 or 28 days. You may need to serve a new notice if the Notice is not received within this timeframe.

Please refer to Practice Direction 55A of the Civil Procedure Rules for further information.

What happens if a tenant does not leave after a Section 8 Notice has been served?

If a tenant fails to vacate the property even after receiving a Section 8 notice, the landlord can apply to the court for a possession order to legally require the Tenant to leave. Before applying to the court, the landlord must ensure that the Notice was validly served and that the notice period has expired. 

The landlord can apply to the court online or by completing a paper form and sending it to the court office. The court will review the application and check if the landlord has followed the correct legal process and if the Tenant has breached the agreement. If the court decides that the Tenant has breached the deal, they will issue a possession order requiring the Tenant to vacate the property.

If the Tenant still refuses to leave, the landlord can apply for a warrant for possession from the court, which allows bailiffs to evict the Tenant. However, it is essential to note that the landlord must follow the correct legal process when evicting a tenant, or the Tenant may take legal action against the landlord.

Does a Section 8 notice to quit guarantee a possession order?

If you are a landlord and want to evict a tenant before the end of the fixed term of the tenancy due to a breach of the tenancy agreement, you can issue a section 8 notice to quit. It’s important to note that giving such a notice doesn’t guarantee that the court will grant a possession order. The outcome largely depends on the grounds relied upon and the strength of the landlord’s argument.

Grounds 2 and 8 are mandatory grounds for a section 8 notice. If the landlord relies on one of these grounds and can prove to the court that it applies, then the court will have no choice but to issue the landlord with a possession order.

On the other hand, grounds 10, 11, 12, 13, 14, 14A, 15 and 17 are discretionary. This means that even if the landlord can prove that one of these grounds applies, the court may sometimes rule in their favour. In such cases, the court will weigh up the facts and decide based on what they consider fair and reasonable.

If the court is satisfied that the landlord is entitled to possession on one of the grounds, they will grant a possession order to take effect within 14 days. However, if the Tenant experiences exceptional hardship, the court may extend this period to six weeks.

If you need to evict a tenant and gain possession of your property, you can use a form such as the one provided on this website.

What are the costs associated with a Section 8 Notice?

The costs of serving a Section 8 Notice for a landlord in the UK depend on the specific circumstances of the tenancy.

When serving a Section 8 Notice, landlords may incur court filing fees and the expense of hiring a court bailiff to deliver the Notice. The costs may vary depending on the court’s jurisdiction, so it is advisable to contact the local court to obtain an accurate estimate.

Aside from court costs, landlords may also need to pay their legal fees to create the Notice and represent themselves in court should the Tenant respond to the Notice. The cost of legal fees may differ depending on the case’s complexity, the time required to prepare the Notice and the legal representation chosen.

Lastly, landlords may be responsible for paying any expenses related to evicting the Tenant from the property. These may include removal costs, locksmith fees, and other associated expenses.

How to End a Tenancy Agreement?

If both tenant and landlord agree upon ending the tenancy agreement

If both parties agree upon ending a tenancy agreement, it is easy to achieve and can be done at any time throughout a tenancy. This ending of a tenancy agreement is usually known as ‘surrender’.

Both tenant and landlord should agree to end the tenancy in writing so that it can clarify all the agreed-upon terms and conditions. In case of a joint tenancy, all the involved tenants of the property must agree to end the tenancy for surrender.

If a tenant legally surrenders a tenancy, the landlord has all the rights to take possession of his property according to Section 5 mentioned in the Housing Act 1988.

The landlord has the responsibility to make sure that the agreement should end adequately. If the landlord claims possession of his property, even if the tenants have not agreed to end the tenancy, the landlord can be easily accused of unlawful eviction.

There are various ways in which a tenant can surrender a tenancy. The first is by following the ‘operation of the law’, and the second is by using a ‘declaration of surrender’.

Surrender by using ‘Operation of the Law’

Operation of the Law is a tenancy surrender, in which a tenant surrenders the process of the rented property to his landlord, and after that, the landlord accepts the process. This act may include the tenant’s return of the property’s keys to the landlord, and the landlord takes that the tenancy agreement is entirely over and that the landlord now has possession.

Surrender by using the Declaration of Surrender

Operation of the Law is to tenancy surrender, in which the tenant gives a written document to his landlord. This written document acts as proof of tenancy surrender by the tenant to the landlord. The document is referred to as the ‘Declaration of Surrender’. In this type of tenancy surrender, the landlord must accept this surrender so that the tenancy can end successfully.

How to end a fixed-term tenancy

A fixed-term tenancy is a tenancy that is applicable for a fixed period; both parties in the tenancy agreement agree upon the period. This type of agreement usually has a starting date and an ending date of tenancy, which are fixed dates.

Several agreements on fixed-term tenancy consist of a ‘break clause’. This break clause permits all the tenants to end their tenancy agreement anytime before the actual ending date of the fixed term. If a break clause exists in the agreement, the tenant can easily give written or verbal notice to end a tenancy. However, they must follow all the procedures mentioned in the tenancy agreements, for instance, the nature of notice they must give to their landlord.

If the agreement has no break clause, the tenant cannot quickly end the tenancy on his side; he has to get an agreement from his landlord. Suppose the tenants make any move to vacate early or before the ending date, and without reaching an agreement from their landlord. In that case, the tenants can be easily liable for continuing to pay rent until the end of the fixed tenancy period.

A tenant has all the rights to give possession of the property on the last date of the fixed period without any notice. On the other hand, if the tenant doesn’t leave the property even after the end date of the fixed term, this tenancy will become a ‘periodic tenancy’ automatically, and tenants will have to give clear and proper notification to avoid this unless the landowner agrees that they can leave.

Suppose the landlord wants to end the agreement, which is usually for six months, one year, or any period of fixed-term tenancy. In that case, the landlord must give his tenants a Section 21 – Notice of Possession, usually at least two months before the ending date of the fixed term.

How to End a Periodic Tenancy Agreement

After the ending date of a fixed-term tenancy agreement, if no new contract has been prepared or signed, the tenancy automatically becomes a periodic one. All terms and conditions mentioned in the earlier tenancy agreements will still apply to the new agreement, but the only exception is that this new contract will be based on a month-to-month approach or even on a week-to-week approach in some cases. It depends on the tenant and how often he plans to pay the rent. If the landlord collects rent every month, the contract will be considered a month-by-month contract.

The landlord has the right to end a tenancy depending on the rental period in a periodic tenancy. As in the above case, if a tenant pays the rent every month, the landlord needs to serve a one-month notice to his tenant. The notice must be given in writing and contain the starting and ending date of the periodic tenancy agreement unless it has been mentioned in the tenancy agreement that the tenancy can be ended on any different date.

On the other hand, a tenant can also decide to end his periodic tenancy agreement. He must issue a valid notice to the landlord to end his periodic tenancy. To complete their agreement, the tenant must provide a rental period to his landlord. Once this notice, given to the landlord, expires, the tenant’s agreement will automatically end.

How to end a tenancy agreement early

If the landlord needs to end his tenancy agreement early before the ending date in the agreement, but if the tenant refuses to do so, the landlord has no right to regain possession legally and earlier. Still, he can give his tenant a Section 21 – Notice of Possession at least two months before the ending date of the fixed term so that the tenants can be notified regarding the exact date to leave.

However, if a tenant breaches any clause in the agreement, the landlord can end the tenancy even before the end date of the fixed period. To achieve this purpose, the landlord must give a section 8 notice to his tenant, which is a notification to quit. This notice informs the tenants that the landlord seeks the possession and also states the grounds for the possession. The landlord can regain possession without a legally valid notice.

In most cases, the tenants automatically leave the property once a Section 8 notice has been served. If this is the case, the landlords don’t have to apply in court to gain possession.

However, if the tenants refuse to leave the property even after the landlord serves them the section 8 notice, and even after it expires, the landlord can apply at a court to seek possession of his property. If the landlord has the right to gain possession, the period for obtaining possession will be decided by the court. This decision is usually dependent on various circumstances.

What’s the procedure if your tenants refuse to leave the property?

Suppose your tenants refuse to leave the property even after a fixed-term tenancy ends. In that case, the landlord must give his tenant a section 21 (Notification of Possession), providing them a minimum two-month notice period. However, if your tenant refuses to leave the property again after this new notice expires, the landlord must apply for possession in court.

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Section 21 – Notice of Possession

How to End an Assured Shorthold Tenancy

For ending an Assured Shorthold Tenancy (AST), the landlord must serve a “Section 21- Notice of Possession” to his Tenants.

What exactly is a Section 21 Notice of possession

A Section 21 Notice for Possession is a legal document that must be given by a landlord to his tenants if he wants to regain possession of his property. As a landlord, you can easily share a Section 21 Notice of Possession with your tenants without providing a reason. You can serve this Notice of possession on or after an Assured Shorthold Tenancy ends.

What is the best time to issue a Section 21 notice?

According to Section 21 of the Housing Act 1988, a Landlord has all the legal rights to obtain possession of his property after an Assured Shorthold Tenancy ends. This is true as long as the tenancy has ended and the landlords have correctly followed all the legal procedures by issuing Section 21 Notices to their tenants. If you want to protect yourself completely, it is often recommended that a notice be given to all the tenants residing on your property; this holds specifically true in ‘shared accommodations’.

If the tenancy has yet to end, but there is a valid reason to evict your tenant, you can efficiently serve a Section 8 Notice to your tenants. However, you should make sure that the ‘Notice to quit ‘you serve to your tenants is entirely valid.

Service of Notice

The landlord can serve the Notice either by post or deliver it to the tenants in person.

If you decide to serve the Notice by using postage services, it is often advisable to do this with the help of a ‘recorded delivery’ service. This record will prove that your tenants received your Notice correctly. You can use this proof in Court if the need arises. The date of post in the recorded delivery service is recognised as legal proof by the Court. However, it considers the date the Notice arrived instead of the day it was sent.

On the other hand, you can also deliver the letter containing the Notice in person. In this case, it is often recommended that you take a witness with you. This witness is required in Court to confirm the statement on your part regarding the delivery of the eviction notice or in case your tenant claims that you have not provided him with the Notice.

How to Serve a Section 21 Notice for the Fixed Term of the Tenancy

Section 21 of the Housing Act 1988, amended under the Housing Act 1996, describes “the landlord under a fixed term tenancy to give two months’ notice to recover possession in writing”.

This section means that if a tenant is covered with an Assured Shorthold Tenancy, he must be provided at least two months’ written Notice before the end date. The landlords can accomplish this by serving a Section 21 Notice stating all the intentions to repossess their property and the proper grounds and basis they are using to support the eviction claim. After serving the written Notice, this two-month period starts after the tenant provides a Section 21 receipt confirming that he received the Notice.

According to the Housing Act 1988, the landlord cannot take possession of his property anytime within the tenancy’s fixed term; however, he can serve a Notice as long as the tenant is provided at least two months before the eviction date. After two months of ‘Section’21 Notice’, the tenant must legally leave the landownelandowner’sy. Section 21 Notices can be served up to the last date of the fixed-term tenancy.

Various provisions available in section 21(1) (b) that can be used to apply for a fixed-term tenancy:

“Without” prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy by Chapter I above, on or after the coming to an end of a secure shorthold tenancy which was a fixed-term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied- “

a) “th” assured shorthold tenancy has come to an end, and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than a statutory periodic tenancy:”

b) “The “lord, or in the case of joint landlords, at least one of them has given to the tenant not less than two months stating that he requires possession of the dwelling-house.”

It is “possible to serve this Notice within at least two months before the ending date of the tenancy period; however, it should never be dated for just the purpose of expiring on or even before the last date of the tenancy period. For instance, let’s say that the tenancy period is to end on 31 March, then the eviction notice can be given to tenants even three months before the last date, i.e. on 30 December. However, the date mentioned on the Notice must be provided on or before the last day of the fixed term, on which the tenancy period ends, i.e. 31 March.

If the landlord gives a Section 21 Notice during any time in the fixed term of the tenancy period, the landlord also issues another fixed term tenancy to his tenant. Also, the landlord must serve a New Section 21 Notice to his tenant if the landlord wants to regain possession of his property.

Serving a Section 21 Notice during a periodic Tenancy

When the fixed-term tenancy ends, the tenancy will automatically become a periodic tenancy unless a new fixed term is signed. The new tenancy will be a week-to-week or a month-to-month periodic tenancy. It depends on the way your tenant wants to pay his rent.

According to section 21 of the Housing Act 1988, the landlord has to follow a slightly different procedure than giving an eviction notice to tenants within a periodic tenancy.

All the assured shorthold tenancies, which have become periodic, come under Section 21(4) (a) of the Housing Act 1988.

“Without” prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling house let on an assured shorthold tenancy, which is a periodic tenancy if the Court is satisfied”.

(a) “hat th” landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the Notice, being the last day of a period of the tenancy and not earlier than two months after the date the Notice was given, this section requires possession of the dwelling-house; and.”

(b) “hat t” date specified in the Notice under paragraph (a) above is not earlier than the earliest day on which, …….., the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the Notice under paragraph (a) above.”

A mini “um notice period of 2 months is required if a landlord wants to serve section 21 notices to his tenant in the fixed tenancy. The Notice must expire on the last date of the fixed tenancy.

The type of tenancy period depends on your tenant and how frequently he pays the rent. If he plans to pay rent every week, then the tenancy will automatically become a weekly periodic tenancy. On the other hand, if he wants to pay rent every month, it will become a monthly periodic tenancy.

This new periodic tenancy will start automatically right after the end date of the fixed-term tenancy. For instance, if the fixed tenancy ends on the 5th, the periodic tenancy will start from the 6th of that month. The last date for paying rent in this periodic tenancy will be the 10th of every month. As a result, the expiry date of the section 21 notice will be the 10th of the month; however, it should be issued at least two months prior to the 10th of the month.

What can a landlord do when the tenant refuses to leave even after the expiry of the section-21 Notice?

Suppose the tenant refuses to leave your property even after the expiry date and on serving the Notice by the landlord. The landlord can apply to the Court against his tenant for possessing his property. Suppose the landlord follows all the procedures correctly and adequately by issuing a Section 21 eviction notice. In that case, there is no chance that the Court will not grant him the possession of his property.

If the tenant refuses to leave even after getting the eviction notice from the Court, the landlord can approach county court to evict his tenant to regain possession.

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How to use Break Clauses in preparing Tenancy Agreements

What exactly is a break clause?

A break clause in a Tenancy Agreement allows a landlord and tenant to end the tenancy even before the tenancy period without paying any incurred financial penalties.

However, if there is no break clause in the tenancy agreement, the tenant is responsible for paying the rent for the entire period. He has to pay the rent even if he moves out of the property before the last day of the tenancy period.

How can the Landlords use a break clause?

An important point to note here is that even if the break clause is included in the tenancy agreement, under the Housing Act 1988, the landlord is prohibited from getting possession of his property for at least six months after the deal begins. 

So, a landlord can only use a break clause to evict his tenant if the tenant has been using his property for six or more months. Also, the landlord must serve at least two months’ eviction notice to his tenants, which can be done by issuing the notice during the fourth month of the tenancy.

The landlord is required to issue a Section 21 Notice of Possession to his tenants to enforce the break clause.

How can a Tenant use a break clause?

If the tenant wants to use the break clause, he must serve a notice in writing (but not a Section 21eveiction notice) after six months in the tenancy agreement. The first step is to prepare an adequately complete written document with his signature and then surrender the tenancy to the landlord. Here, a two-month notice is required on the part of the tenant before terminating the fixed-period tenancy.

What can a landlord do if the tenant refuses to vacate the property?

If the tenant refuses to leave the property even after the landlord enforces the break clause under Section 21, the next step a landlord can take is to issue the Court proceedings. Landlord can also request a Judge to order the possession of his property. The Judge will then analyze the break clause to determine its validity.

What if both landlord and tenant want to terminate the tenancy?

If both landlord and tenant want to terminate the tenancy, then the break clause has no role in the process. If both parties agree to end the tenancy, they can easily do this by surrendering it. This can be easily accomplished by a written document signed by both parties.