Possession requiring notice is a document that informs the tenant(s) release the property within 2 month since notice given. Right of possession was given to the landlord in accordance with Section 21 of Housing Act 1988 if property is letting on an assured shorthold tenancy.
Form of notice under section 21
Notice of seeking possession must clearly states under which section of Housing Act possession is sought:
- Section.21(1)(b) - for fixed term tenancy agreement
(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.
- Section 21(4)(a)- for statutory for periodic tenancy
(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F4in writing] 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, possession of the dwelling-house is required by virtue of this section;
In both cases Form 6A may be used to serve repossession notice to end AST tenancy started after 1st October 2015(for tenancies in Wales or England).
When does landlord have right to use Section 21?
There are two main conditions that landlord must comply with to serve the possession requiring notice under the Section 21:
- the date of moving out must be after the last day of tenancy in case of fixed-term rental contract
- deposit must be protected in one of the Deposit Protection Scheme
- the date tenant must leave is at least six months after original tenancy began
- notice must be in writing form
Minimum period for serving possession notice
Landlord had a legal obligation to serve a possession notice with minimum two month period. And the end of this period couldn’t not be within a fixed-term tenancy.
A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.
Does landlord need to explain a reason?
Landlord may not explain the reason to gain his property back. Landlord has full right to get the property back within 2 month after serving notice if he or she comply with legislation(Housing Act Section 21)
Sometimes landlord or agency may issue a Section 21 Notice as to cover himself when tenancy agreement is coming to end. In such cases, tenant(s) may notify landlord about intention to live in rental property after the ending the term. Example of similar situation sometime is described on public forum.
Tenant moving out before the section 21 notice expires
If tenant finds a new property before the fixed-term ends he will be liable to pay a rent until the end of contract.
In case the fixed term of the tenancy run out and period of possession notice has not finished yet tenant may vacate the property as soon as he find a new one. In this case tenant is not liable to pay rent till the end of 2 month notice period.
When Section 21 notice expired?
Tenant refused to vacate a property
Landlord have right to apply for eviction court order using accelerated possession procedure. After order is granted enforcement officers carry out procedure of eviction of tenant.