Landlord Section 21 – Notice Of Possession Form
A Section 21 Form is required to terminate an Assured Shorthold Tenancy in England or Wales. Despite popular belief, an AST does not automatically terminate on the fixed end date specified in the contract unless notice was given with a Section 21 notice.
Download / Purchase Section 21 Notice
This Section 21 Form (Notice Of Possession) is used to terminate a fixed or periodic Assured Shorthold Tenancy in England & Wales. The notice will be provided in a .doc format.
Use this if the following applies:
- The tenancy is in England or Wales
- If in England and the tenancy fixed term started before October 2015.
This Section 21 FORM 6A (Notice Of Possession) is used to terminate an Assured Shorthold Tenancy in England, and will be provided in a pdf format.
Use this if the following applies:
- The tenancy is in England
- If the tenancy fixed term started on or after 1st October 2015.
Table of contents
- Why buy a Section 21 from us?
- When can a Section 21 notice be issued?
- Types of Section 21 notices available
- How much notice should you give the tenant?
- How to service notice
- If the tenant doesn’t leave after the section 21 expire
Why buy a Section 21 from us?
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3) Our documents are all up-to-date and meet legal requirements.
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When can a Section 21 notice be issued?
Under Section 21 of the Housing Act 1988, a Landlord has the legal right to repossess his/his property at the end of an AST as long as a Section 21 Notice has been correctly served to the tenant or tenants.
In order to fully protect yourself it is advised that a Notice be served on all tenants residing at the property, especially in the case of ‘sharers’.
If the tenancy has not ended, and there is plausible reason for eviction (i.e. rent arrears), then a Section 8 Notice should be served.
Types of Section 21 notices available
- Section 21(1)b – suitable for serving notice during the fixed term of a tenancy in England or Wales. If the tenancy is in England, notice should only be served if the fixed start date of the tenancy commenced before 1st October 2015, otherwise FORM 6A.
- Section 21(4)a – used for serving notice during a rolling/periodic tenancy in England or Wales. If in England, notice should only be served if the start date of the tenancy commenced before 1st October 2015.
- Section 21 FORM 6A – only for tenancies in England (not Wales) and can be used for all Assured Shorthold Tenancies (i.e. in some cases, you could serve either this notice or 21(4)a/21(1)b, depending on the tenancy start date).
We have all three Section 21 notices available for download over here at online shop- download instantly.
How much notice should you give the tenant?
It depends on the circumstances, but most often, if the notice is being served during the fixed term, tenants must be given a minimum of two months notice. If the tenancy is a ‘Periodic’, then one month notice is required (on the basis that rent is paid on a monthly basis).
For more details on the notice periods, please visit the Section 21 guide.
How to service notice
The landlord should serve the notice by either post or in person.
If you decide to serve the notice by post, it is advisable to use ‘recorded delivery’ so you have proof of delivery. If you send your notice via post, the date of service is recognised by the Court as the day in which the letter would have arrived and not the date sent.
Alternatively, you can deliver the Notice by Hand in person. If you do decide to take this route, it is advised that you have a witness with you in order to witness the handover. It may be that your witness is required to provide a statement for the court confirming the handover if possession proceedings are commenced and your tenant argues you did not provide a legal notice.
If the tenant doesn’t leave after the section 21 expire
If the tenant fails to vacate the property by the expiry date on the notice the landlord will need to apply to the court for a possession order. Provided the correct procedure has been followed by the landlord issuing the Section 21 notice, the court will have no choice but to grant the possession order.
If the tenant fails to vacate after the court has issued the tenant with the notice to leave, the landlord can ask county court bailiffs to evict the tenant.