Writing a section 21 notice to quit

This form replaced the form originally prescribed under the Assured Shorthold Tenancy Notices and Prescribed Requirements England Regulations before it came into effect, as a result of the original containing a significant error regarding how long a notice is valid for.

The notice must state that possession of the property is required by virtue of section 21 of the Act, on a date after which possession is required. It is not enough for the landlord to show that a tenant are able to obtain the information by their own enquiries.

With its different subtitle to that prescribed under the regulations, it is unclear if this version has any legal effect. From 23 Novemberif the landlord is not registered or a self-manging landlord is not licensed, no section 21 notice may be given.

These changes applies to all tenancies which began from 1 Octoberother than statutory periodic tenancies that came into being pursuant to section 5 of the Act on or after that date on the coming to an end of a tenancy that was granted before that date. Alternatively, a section 21 notice may be given if the tenant or the person who paid the deposit on behalf of the tenant has made an application to the county court against the landlord for a penalty under section 1 of the Act, and the claim has been determined by the court, withdrawn or settled.

Requirements[ edit ] Section 21 of the Housing Act provides two different mechanisms under which a landlord can give notice to obtain possession of their property. It is sufficient for the notice to be worded with a formula which enables the tenant to work out when the notice expires.

A new version of the guide with corrected subtitle was published on 9 July In the latter case, the notice is valid even if the notice give two different dates so long as one of the date is specified as a fall back in case the other date is invalid.

An exception is where a notice has been given under subsection 4 aand the length of the notice is required to be longer than two months under subsection 4 bin which case proceedings for an order for possession may not be begun after four months from when the notice expired.

In either case, since the coming into force of the Housing Actthe notice must be in writing. Where there are joint landlords, the notice may be given by any one of them. Where there are successive tenancies between the same landlord and tenant, the deposit is deemed to have been returned by the landlord to the tenant at the end of the old tenancy and the tenant immediately paying the deposit to the landlord for the new tenancy.

All the changes apart from the requirement for landlords to provide prescribed information apply to all tenancies from 1 October Tenancy Deposit Scheme England and Wales The Housing Act introduced requirements on how a landlord must deal with any tenancy deposit taken in relation to the tenancy.

Notes and references[ edit ]. There is no requirement for the landlord to provide further copies of the guide during a tenancy when new versions are published. Revenge eviction A landlord is prohibited from giving a section 21 notice for six months if they are given an improvement notices under section 11 or 12 of the Act relating to hazards by the local housing authority, or a notice under section 40 7 of the Act after taking emergency remedial action.

The guide must be given in hard copy unless the tenant has agreed that the landlord may give the tenant notices and other documents given under or in connection with the tenancy by email, [xlii] in which case it can be sent as an email attachment.

Evicting tenants (England and Wales)

The date must be the last day of a period of the tenancy, and cannot be earlier than the earliest day an equivalent common law tenancy may be bought to an end by a notice to quit given on the same date. The prohibition does not apply to a statutory periodic tenancy. This information must be given by the landlord.

The version given must be the version that has effect for the time being. A landlord may only require the payment of money as deposit. Where there are successive tenancies between the same landlord and tenant for the same or substantially the same property, this prohibition runs from when the original tenancy began.A 'Section 21 Notice to Quit', so called because it operates under section 21 of the Housing Actis the notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST).

Section 21 notice

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.

Section 21 Notice to quit is a legal tool, which the landlord can use to regain possession from a property which is let under an Assured Shorthold Tenancy.

It gives the landlord the right to request you to leave the property, giving you two months of time under the rules of Section Ending a tenancy agreement with a section 21 or Section 8 Notice to Quit The conditions concerning the ending of a tenancy agreement depend on the type of agreement in.

A valid and enforceable Section 21 notice can only be served on the basis that the landlord has fulfilled specific requirements as part of the Section 21 legislation e.g. secured the tenancy deposit.

For more details, go to the main Section 21 Notice post. A 'Section 21 Notice of Possession' operates under section 21 of the Housing Actis the legal eviction notice template notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST).

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Writing a section 21 notice to quit
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