Can you serve a section 21 notice seeking possession where. Section 21 notice of seeking possession you can use a section 21 notice to evict your tenants either. Free section 21 notice to download and print as a pdf. A landlord should allow 3 working days for delivery and use recorded delivery or proof of postage. Make a free eviction notice for your property using our stepbystep interview. It should be used where the landlord wishes to terminate an assured shorthold tenancy ast at the end or after the end of its fixed term. The section 8 notice seeking possession which is most commonly used by landlords when a tenant is two months or more in arrears is having another change in respect of tenancies in england. The new section 21 notice is for use with new tenancies after 1 st of october 2015 and all tenancies after 1 st october 2018 a new assured shorthold tenancy ast section 21 notice has been released which aims to simplify the possession claim process and reduce errors. Apart from the initial creation of a tenancy using a tenancy agreement the other most widely used form on our website is our free section 21 notice for possession what is a section 21 notice.
The legislation also sets down maximum time limits for starting possession action once a section 21 notice has been served. Form 6a has been changed to reflect new legislation which. This new form will replace the current section 21 notices 214a and 211b you will not be able to serve those notices to new tenancies in england that start after or on october 2015. Section 21 notices have no finite lifetime in which they can be used, they oldest reported case involves a section 21 notice which expired 6 years before the possession action began. Housing act 1988 section 8 as amended by section 151 of the housing act 1996 notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy please write clearly in black ink. However, when serving notice, for example in the case of rent arrears, it is recommended you serve both a section 21 notice and a section 8 notice. 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. It gives the landlord the right to request you to leave the property, giving you two months of time under the rules of section 21. The assured shorthold tenancy notices and prescribed.
A section 21 notice must always give tenants at least 3 months notice of the intention to seek possession. Follow the correct process to gain possession of your property safely and legally with this simple section. The new section 21 notice, will make landlords and agents lives a lot easier, as it combines the old section 21 fixedterm and periodic notices into one simpler form. A landlord cannot use a section 21 notice if any of the following apply. Section 21 notice is commonly known as a no fault notice. Prescribed form 6a section 21 notice england only grl.
A section 21a notice is only valid if the fixed term of the tenancy has expired and the tenants are renting on a periodic basis. Housing act 1988, section 8 as amended by section 151 of the housing act 1996, section 97 of the antisocial behaviour, crime and policing act 2014, and section 41 of the immigration act 2016 this form should be used where possession of. Housing act 1988 section 21 1 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and hous ing act 1989 and section 982 and 3 of the housing act 1996 and as modified by section 81 of, and paragraph 6 of schedule 29 to, the. Section 21 notices must be served on a new prescribed form form no. Letter to give tenant notice of possession under section 21. A section 21 notice is the form your landlord must give you to start the process to end your assured shorthold tenancy. To serve a section 21 notice, you must complete form 6a and then serve it according to the following rules. Subject to certain legal requirements, a landlord can evict a tenant of an assured shorthold tenancy by implementing a section 21 notice. This will allow you to evict on the grounds outlined in schedule 2 of the housing act 1988. Housing act 1988 section 211 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and hous ing act 1989 and section 982 and 3 of the housing act 1996 and as modified by section 81 of, and paragraph 6 of schedule 29 to, the. However, if the tenants fail to comply with the terms of the notice, then the document also constitutes the first step of the legal eviction process. The section 8 notice will say notice seeking possession at the top. Section 21 notice possession filling in a section 21 notice. This legal notice informs tenants that their tenancy is going to end and the landlord is going to take repossession of the property.
Notice form 6a seeking possession under section 21 of the housing act 1988. If you are serving a section section 21 form 6a, then the following applies if the section 21 was served in the fixed term, you have a use by date of 6. Please tick boxes where appropriate and cross out text marked with an asterisk that does not apply. Can you serve a section 21 notice seeking possession where there is no written tenancy agreement. This form should be used where a no fault possession of accommodation let under an assured. Form 3 notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. The courts will recognise the day of postal service as the day on which the letter would normally have arrived. A section 21 s21 notice is a formal legal notice that a landlord can serve on their tenant as a method of ending an assured shorthold tenancy. Notice seeking public comment on proposed utcr changes for 2020 1.
Section 21 of the housing act 1988 provides the landlord of an assured shorthold tenancy ast the right to serve notice to quite on his tenant in order to end a tenancy agreement. Housing act 1988, section 21 1b as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996. The notice must be on form 6a if your tenancy started or was renewed on or after 1 october 2015 you must get at least 2 months written notice. So any section 8 or section 21 notice served after the commencement date of the legislation, must give the tenant at least 3 month notice before proceedings can be issued. Your landlord might give you both a section 8 and a section 21 notice if you have this tenancy type. The assured shorthold tenancy notices and prescribed requirements england amendment regulations 2015 prescribe a new form for practitioners, landlords and letting agents to use under section 21 1 and section 21 4 of the housing act 1988 in england when seeking no fault possession of accommodation let under an assured shorthold tenancy. Note a section 21 notice in england is a prescribed form and you must use the correct form for it to be valid. Notice seeking possession of a property let on an assured. If a landlord wants their property back, a notice seeking possession under section 21 housing act 1988 must first be served unless grounds are available for a section 8 notice. These regulations introduce a new prescribed form for a notice under section 21 1 or 4 of the housing act 1988 the act informing a tenant that the landlord intends to seek recovery of possession of a property let on an assured shorthold tenancy a section 21 notice and new. The assured shorthold tenancy notices and prescribed requirements england amendment regulations 2015 prescribe a new form for practitioners, landlords and letting agents to use under section 211 and section 214 of the housing act 1988 in england when seeking no fault possession of accommodation let under an assured shorthold tenancy.
Form 6a shorthold tenancy ast is sought under section 21. Section 21 notices seeking possession of rented residential property post1 october 2015 what is a section 21 notice. However, this restriction is lifted as soon as the publication has been provided. Section 21 notice of seeking possession london property. They wont have to prove a legal reason for eviction if they use the section 21 eviction process. Nb no section 21 notice may be given in relation to a tenancy where a landlord has breached section 11 or schedule 2 of that act so long as all or part of the. You might be able to challenge your eviction and stay longer in your home. Landlords can now only serve a section 21 notice after the first four months of the tenancy and not at the beginning, as many had previously done. A section 21 notice is used when a landlord requires the tenant to vacate a rented property by a specified date. Get legal help if you get any type of notice from your landlord. Section 21 notice to terminate an assured shorthold tenancy.
Notice seeking possession of a property let on an assured shorthold tenancy form 6a this form should be used where a no fault possession of accommodation let under an assured shorthold tenancy ast is sought under section 21 1 or 4 of the housing act 1988. How to deal with a section 21 eviction notice advicenow. As part of a complete overhaul of the sector, the government has outlined plans to consult on new legislation to abolish section 21 evictions so called nofault evictions. These documents can be found in our terminating tenancies folder. How to understand which section 21 rules apply from. It must be used to legally terminate an assured shorthold tenancy ast. Section 21 notices for tenancies starting from 1102015 this factsheet explains the new requirements you must take into consideration when you issue a section 21 notice to a tenant on an assured shorthold tenancy agreement ast which started on or after 1 october 2015. Hi mike, first of all, form 6a is indeed a section 21 notice. A section 21 notice, also known as an eviction notice, a notice to quit or a notice seeking possession is a formal notification that the landlord wishes to regain possession of the property at the end of the tenancy. This will bring an end to private landlords uprooting tenants from their homes with as little as eight weeks notice after the fixedterm contract has come to an end. There are two section 21 notices, each to be used in a different circumstance.
The eviction notices official title in the courts is a notice requiring possession under section 21 of the housing act 1988. Notice seeking possession of a property let on an assured shorthold tenancy form 6a. Section 21 notice free section 21 notice template uk. F018 if a landlord wants their property back from an assured shorthold tenancy, a notice requiring possession under section 21 housing act 1988. If you have an assured shorthold tenancy, then a section 21 notice is the most common way of starting the eviction process. Section 8 notice free section 8 notice template uk. Sending the section 21 notice by mail is an acceptable method. You can use a section 21 notice to evict your tenants either. Section 21 notice to a tenant on an assured shorthold tenancy agreement ast which started on or after 1 october 2015.
Giving you notice is how your landlord tells you that they want you to leave their property and the date they want you to leave by. Essentially, a section 21 notice is a way of asking your tenants to vacate the property after the end of their fixed term, while giving them time to do this. Find out more on when they should be used and how they are served. Serving a section 21 notice form 6a is effectively the first step in the accelerated procedure for repossession of properties let on asts. 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.
Generally a section 21 notice may be served by post or in person. They can decide which one to use later when they apply to court. The provisions which limit service of a section 21 notice until after the first four months of a tenant first moving in to a property and that the notice must be used within 6 months of service will apply to all tenancies from 1 october 2018 including those granted before october 2015. As a landlord, there may be times when you need to give. You should refer back to the legislation to find out more. Housing act 1988, section 8 as amended by section 151 of the housing act 1996, section 97 of the antisocial behaviour, crime and policing act 2014, and section 41 of the immigration act 2016. If a landlord wants their property back, a notice requiring possession under section 21 housing act 1988 must first be served. This section 21a notice complies with the housing act 1988 and the housing act 1996. Section 21 form 6a uk template make your free eviction notice. Housing act 1988, section 211b as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996. Notice of seeking possession must clearly states under which section. Prior to 1 october 2015, there was no prescribed format for a section 21 notice of seeking possession.
In wales, you must explain in writing that you are serving an eviction notice under section 21 of the housing act 1998. Possession requiring notice is a document that informs the tenants release the property within 2 month since notice given. Consider using a section 8 notice seeking possession or a notice to quit instead. Section 21 notice of seeking possession london property licensing.
A section 21 notice, also known as a notice requiring possession, can be used to terminate a fixed or periodic assured shorthold tenancy ast after the term. This document is in pdf format and the up to date version of it can be found. As long as you did not agree a new tenancy with your tenant after the 1st october 2015 you can still use the notice you got from the nla. The government have published the new prescribed 21 notice as an editable pdf document that you can download from the. Given the tenant a copy of an epc with a rating of e or higher if tenancy started or was renewed after 1 st april 2018 a valid gas safety certificate. The draft legislation released simply extends the period of notice to be given in a notice seeking possession to 3 months. There are certain circumstances in which the law says that you cannot seek possession against your tenant. How to check a section 21 notice is valid shelter england. These regulations introduce a new prescribed form for a notice under section 211 or 4 of the housing act 1988 the act informing a tenant that the landlord intends to seek recovery of possession of a property let on an assured shorthold tenancy a section 21 notice and new. If you need to evict your tenants during the fixed term tenancy, then you will need to give notice using a section 8 notice of seeking possession. This gives you the option to decide later to use either route to court, but most importantly, serving early means it starts the clock starts ticking on the notices at the first signs of trouble. A section 21 notice to quit, so called because it operates under section 21 of the housing act 1988, is the notice a landlord can give to a tenant to regain possession of a property at the end of an assured shorthold tenancy ast. This covering letter for section 21 notice england is a covering letter for a section 21 notice form 6a.
For all assured shorthold tenancies granted on or after 1 october 2015 in england, a prescribed form must be used. If you get a section 21 notice, its the first step your landlord has to take to make you leave your home. Section 21 possession notice section 21 notice, the. Form 6a notice seeking possession of a property let on an. This factsheet looks at how your private landlord can end your assured shorthold tenancy using the no fault procedure in section 21 of the housing act 1988. Notice seeking public comment on proposed utcr changes for 2020 10 c a statement of the amount of public assistance being provided. Section 21 notice uk template make your free eviction notice. For all tenancies started on or after 1 october 2015, the landlord must now use the correct prescribed form. How to serve a section 21 and section 8 notice of eviction. Form 6a notice seeking possession of a property let on an assured shorthold tenancy. Notice seeking possession of a property let on an assured shorthold tenancy housing act 1988 section 21 1 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996 please write clearly in black ink. Pursuant to section 661 of the commerce act 1986 notice is hereby given.
A new section 21 notice has been released landlordzone. Follow the correct process to gain possession of your property safely and legally with this simple section 21 notice. Form 6a notice seeking possession of a property let on an assured. Notice seeking possession of a property let on an assured shorthold tenancy form 6a this form should be used where a no fault possession of accommodation let under an assured shorthold tenancy ast is sought under section 211 or 4 of the housing act 1988. Notice seeking possession of a property let on an assured shorthold tenancy. New section 8 and notices from 6 april 2016 grl landlord. Create a form 6a eviction notice online with our free template. Letter to give a tenant notice of possession under section 21 a section 21 notice of possession is a notice to inform the tenant that you wish to recover possession of the property at the end of a fixedterm tenancy agreement, or trigger an agreed break clause. Notice seeking possession of a property let on an assured shorthold tenancy housing act 1988, section 21 1b as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996. The notice must be on form 6a if your tenancy started or was renewed on or after 1 october 2015. Section 21 notices seeking possession of rented residential property pre1 october 2015 there are different rules for termination of assured shorthold tenancies granted before 1 october 2015 to those granted after, when seeking to terminate by way of notice pursuant to s21 of the housing act 1988, i. Pursuant to section 661 of the commerce act 1986 notice is hereby given seeking clearance of a proposed business acquisition. Serving a section 21 notice form 6a is effectively the first step in the accelerated procedure for repossession of. If your section 21 notice is valid, your landlord will need to go to court to evict you.
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