Section 21 Notice - Download
A Section 21 Housing Act 1988 notice is the first step to obtaining the property back when there is “no fault” alleged.
There are 2 sets of rules. The first set of rules is governed by S21(1)(b) Housing Act 1988 and covers the SERVICE of a notice DURING the life of the tenancy agreement. It does not matter that it will expire after the end of the tenancy. The fact that it is SERVED during the life of the tenancy means you follow these rules.
Here the rules are quite simple:
- The notice has to be at least 2 calendar months long (i.e. served 30th September expires 30th November).
- It cannot expire before the end of the Tenancy Agreement or the break clause if there is one. The RLA RLA tenancy agreement does not have a break clause allowing the tenant or landlord to give notice before the end of the tenancy.
The 2nd set of rules covers the SERVICE of the notice AFTER the tenancy agreement has ended.
Here the rules are governed by S21(4)(a) Housing Act 1988. The rules are:
- The notice has to be at least 2 calendar months long.
- It has to expire “the last day of a period of the tenancy” and that is usually the day before the rent is due if the rent is due calendar monthly. If the rent is due weekly, 4 weekly or fortnightly then contact the RLA Helpdesk for advice. That is because the day after the written tenancy agreement expires a STATUTORY PERIODIC TENANCY comes into being and you have to calculate a new weekly, 4 weekly or fortnightly set of dates. In such cases to avoid the possibility of error you may wish to use the
HOW TO COMPLETE THE NOTICE
Here is a simple set of instructions on how to complete the Section 21 notice. Please ensure you follow these steps without exception as any errors on the notice will result in your case being thrown out of court and the whole process has to start again.
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