Form 6a shorthold tenancy ast is sought under section 21. It must also be completed in a prescribed format to be valid. Section 21 form 6a uk template make your free eviction. 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. Section 21 notice cannot be used if one or more of conditions below apply. 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.
On the 26th march 2020 the coronavirus act came into force, and effectively made these section 21 notices temporarily invalid, as tenants must now be given three months notice instead of two months. 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. A section 21 notice is the only valid way of ending an assured shorthold tenancy where the tenants have not breached the tenancy agreement. For most landlords, serving a section 21 notice will be the most common way for them to start to end a tenancy. However, landlords wont be able to issue a section 21 notice to regain possession of a property unless the deposit is protected. If a landlord wishes to regain possession before the end of the agreed term, this may be possible if he can show. Generally, commentators take the view that a section 211b notice is to be served during the fixed term and a 214a notice during any periodic term. Section 21 notices section 21 housing act 1988 notice. Fact heet changes to tenancy deposit protection and the use.
The assured shorthold tenancy im trying to end is a periodic tenancy in england, and the fixed term started before october 2015, so ill be serving the section 214a notice. We include guidance notes on how to complete the templates correctly. If a landlord wants their property back from an assured shorthold tenancy, a notice requiring possession under section 21 housing act 1988 must first be served unless grounds are available for a section 8 notice. However, landlords can use a section 21 notice to conclude a tenancy at the end of an agreed fixed term, or during a periodic tenancy. You can obtain a copy from net lawman, either at section 21a notice for possession of a periodic tenancy or section 21b notice for possession of a fixed tenancy. The form 6a section 21 notice for england available here is the statutory section 21 notice for england which now must be used when terminating all tenancies, irrespective of when the tenancy started. Please note that the section 21 notice form 6a is only suitable for asts.
You can only be sent a section 21 notice to end an assured shorthold tenancy. Where there are joint landlords, at least one of them must give this notice. Flow chart for checking statutory validity of section 21 notices. A section 21 notice is the legal form used to obtain possession of a buytolet property. It is advised that you seek legal advice if you are writing your own document. In england and wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. Prescribed form of notice form 6a under section 21 of. Two months notice for a weekly or monthly rent period is all that is required. This section 21a notice complies with the housing act 1988 and the housing act 1996.
Your section 21 notice wont be valid if you havent been given at least 2 months notice. A complete guide to section 21 national landlords association. If you have a longer tenancy period, for example where you pay your rent every 3 months, your landlord might need to give you more than 2 months notice. The first step is for your landlord to give you a section 21 notice. The new section 214za housing act 1988 removes the need for any s. Factsheet 1 of 3 your landlord does not need a reason to end your assured shorthold tenancy ast but must follow the correct procedure. Where landlords are seeking an order for possession on a statutory periodic tenancy under section 21 4 of the housing act 1988, the notice period should also not be shorter than the period of the tenancy up to a maximum of six months, e. You can use a section 21 notice form 6a for periodic or fixed term tenancy. The section 21 4a periodic notice can be served at any time after the fixed term has ended but must be served on the tenant or the person lodging the deposit after any deposit taken has been protected and the prescribed deposit notice s2 notice has been served. We have followed this and all our guidance uses this method. The tenant should vacate the property on the date of expiry of the notice period.
A section 21 notice is the form your landlord must give you to start the process to end your assured shorthold tenancy. Landlords can only use a section 21 notice to ask their tenants to leave their property. These documents can be found in our terminating tenancies folder. May 22, 2018 to serve a section 21 notice, you must complete form 6a and then serve it according to the following rules. 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.
It cannot be used to terminate any other type of tenancy. Where an assured shorthold tenancy has become a periodic tenancy, a court must make an order for possession if the. Section 21 notice calculator essex property network. Section 21 refers to section 21 of the housing act 1988 that brought this notice into being. This is a free tool developed for our community of landlords and property investors our section 21 4 a and section 21 1 b notice calculator offers an accurate way to calculate and serve a 21 notice to your tenants. A section 21 notice must always give tenants at least 3 months notice of the intention to seek possession. You can serve a section 21 in contemplation of a fixed term tenancy coming to an end up to 2 months prior to the eviction date. This route to possession is simpler than serving a section 8 notice as it does not require them to attend a court hearing, or give a reason why they wish to receive possession. A section 214a notice is required in cases where the tenancy is a periodic tenancy as opposed to a fixed term tenancy.
If there are multiple landlords, any one of them can serve notice. Instead, as long as the landlord has given the correct. Does the section 21 notice give at least two months notice and date given is at end at or after the end of the fixed term of the tenancy. You should use a section 21 notice to gain possession of a rented property let under an assured shorthold tenancy ast. To serve a section 21 notice, you must complete form 6a and then serve it according to the following rules. Service of section 21 notices this information sheet applies to valid assured shorthold tenancies, created under the housing act 1988.
Section 21 of the housing act 1988 provides for repossession by the landlord if the landlord has served on the tenant appropriate notice that possession is required. Make a free eviction notice for your property using our stepbystep interview. Check if a section 21 notice is valid your deposit must be. How much notice you must be given a section 21 notice must give you at least two months notice.
Form 6a shorthold tenancy ast is sought under section 211. Eviction notices free residential eviction notice template. Section 21 notice to quite template form free download. Property118 do section 21 new rules apply to old 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 21. This form should be used by a landlord or a tenant who has been served with form 1 notice under section 62 of the housing act 1988, varying the terms of a statutory periodic tenancy. Your tenant may be able to refuse to leave the property if you dont serve the notice correctly. Section 21 notice free section 21 notice template uk. Landlords must serve this type of notice to legally terminate a statutory periodic tenancy.
Section 21 invalid was the prescribed information given to the tenant and anyone who paid the deposit on their behalf before or at the same time as the section 21 notice was served. A section 211b notice is required in cases where the tenancy is a fixed term tenancy as opposed to a periodic tenancy. 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 prohibited payment or holding deposit has not been repaid to the relevant person or applied to the rent or. This is a section 21 1b form in the case of ending a fixed term tenancy, and a section 21 4a form in the case of periodic tenancies.
There are new restrictions on serving section 21 notices early and a new template section 21 form. You can use a section 21 notice to evict your tenants either. Prescribed form of notice form 6a under section 21 of the. Section 21 notice served before 1 october 2018 n retaliatory eviction where section 21 is served within 6 months of local authority relevant notice 4 n where contractual periodic tenancy, notice must end on last day of a period of tenancy 5 n none of the other new defences are available see below. 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. Section 21 form 6a uk template make your free eviction notice. Form 6a notice seeking possession of a property let on an assured. It does not have to end at the end of a tenancy period. Periodic tenancy note 1 1 name and to 1 address of tenant of 2 name and from2 address of landlord note 2 of 3 address i give you notice that i require possession of the dwelling of dwelling house known as3.
However, if the tenants fail to comply with the terms of the notice, then the document also. A landlord needs a signed assured shorthold tenancy agreement ast. Join the nla, and get access to landlord advice and resources. It is a legal template that enables a landlord to bring a tenancy to an end providing certain criteria are met. How to understand which section 21 rules apply from october. Where a deposit is held in relation to a tenancy that became a periodic tenancy before 6th april 2007, landlords do not need to protect the tenants deposit. 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.
Buy a section 21 notice now tenancy agreement service. A section 21 notice cannot be used during a fixed term. A section 21 notice must always give your tenants at least 2 months notice to leave your property. A section 8 notice is used when a landlord wishes to legally. 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. Youll be able to challenge your eviction and stay in your home. The expiry of a section 21 notice does not bring a tenancy to its end. A section 21 a notice is only valid if the fixed term of the tenancy has expired and the tenants are renting on a periodic basis. How to serve a section 21 and section 8 notice of eviction. Free section 21 notice to download and print as a pdf.
Consider using a section 8 notice seeking possession or a notice to quit instead. A section 21 notice to quit can only be used to regain possession of a property at the end of an assured shorthold tenancy. You do not have to give a specific end date, just at least 2 months notice in writing. Serving a section 21 notice for a periodic tenancy. A section 214 notice should still be used where a tenancy was periodic from the start, or where the tenancy provides for an initial fixed term, then a periodic tenancy thereafter a. Form 6a notice seeking possession of a property let on an.
If a landlord renewed or issued the tenancy agreement after the 6th april 2007 any tenancy deposit taken must have been protected under one of the approved tenancy deposit schemes and the tenant notified where the deposit held prior to the section 21 notice being served. I give you notice that i require possession of this dwelling house by virtue of. The landlord must give the tenant a minimum of 2 months notice and the day on which the notice expires must be the last day of a period of the tenancy. A section 21 notice can be issued at any time during the fixed tenancy or during the periodic tenancy. If your landlord gives you a section 21 notice and you dont have an assured shorthold tenancy, your notice wont be valid. No fixed date for tenancy termination during periodic tenancy. A section 21 notice for a periodic term is used for statutory periodic tenancies assured shorthold tenancies which have automatically become periodic because the fixed term has expired. Where landlords are seeking an order for possession on a statutory periodic tenancy under section 214 of the housing act 1988, the notice period should also not be shorter than the period of the tenancy up to a maximum of six months, e. 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. Create a form 6a eviction notice online with our free template. Fact heet changes to tenancy deposit protection and the. The landlord must give the tenant a minimum of 2 months notice and the notice must be served on the tenant at any time during the fixed term.
Follow the correct process to gain possession of your property safely and legally with this simple section 21 notice. A section 21 notice must give tenants at least two months notice to vacate a property. The new rules also remove the need for a landlord to specify that a tenancy must end on the last day of a rental period. A section 21 notice for a fixed term is used when a landlord wishes to legally terminate an assured shorthold tenancy at the end of the fixed term. Weve worked closely with landlords and lettings agents to create a unique and more importantly completely free tool that allows you to very quickly get the information you need. Section 21 notices spencer v taylor fixed term and. This section 21 a notice complies with the housing act 1988 and the housing act 1996. There are two section 21 notices, each to be used in a different circumstance. Section 21 notices in respect of periodic assured shorthold tenancies section 35 essentially places the decision in spencer v taylor 20 ewca civ 1600 on a statutory footing by inserting the new subsection 4za into section 21 of the housing act 1988. Notice seeking possession of a property let on an assured shorthold tenancy. 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.