Section 21 Notice

A Section 21 Housing Act 1988 Notice is ‘a no blame’ notice.

 
You do not have to give a reason why you want your property back.

The Section 21 is a legal notice giving no less than two months notice to vacate. Simply dating for two months from date of service is a perilous error and probably the major reason why many  section 21 Notices are deemed invalid.
If the Tenant does not leave. Only after the expiry date of Section 21 notice can you apply for possession and the judge must grant a possession order.  The Section 21 Notice is a compulsory part of the 'Accelerated Possession Process'. 
The Chairman of the London Association of District Judges says 7 out of 10 of Section 21 Notices are being thrown out of court because they are wrong. When a Section 21 Notice is invalid the possession claim is dismissed. This adds 3/4 months on to a claim for possession. see below why claims are rejected
If you are ready to produce your Section 21 Notice the following will help you

Top reasons why Section 21 Notices fail.  

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A section 21 Notice can only be used if you have an AST.
If not you must use the Section 8 process. If you cannot find or do not have a signed AST then see No tenancy agreement 21 process 
2
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 All persons named on the tenancy should be named and served a copy of the Section 21 Notice.
3
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The correct notice must be issued - there are two types of Section 21 Notice - Before tenancy end Section 21 (1)(b)  or Section 21 (4) (a) if issued  after the end date of a fixed term. Or use Wizard. 

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The Section 21 Notice must be dated correctly.

There are some unusual considerations when it comes to calculating Section 21 Notice, serving dates and expiry dates of the Section 21 Notice.  If a Section 21 Notice is not served  and dated correctly an application for possession will be rejected. [case law Mcdonald - v - Fernandez ]
 
As an example the calculation for the Notice expiry date changes depending if served before the end, during the last two months or when in a periodic tenancy. see examples. Simply dating for two months from date of service is a perilous error and probably the major reason why many Section 21 Notice are deemed invalid. demo
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Deposits and Section 21 Notice

  1. If you issued a new or renewed a tenancy agreement after 6th April 2007 and a deposit was involved you cannot issue a Section 21 notice until you issue the tenant a Deposit Certificate other wise the section 21 Notice is invalid. see deposits &  Invalid Section 21 Notice
  2. If you do not take deposits (use our rent in advance AST) then you can issue a Section 21 Notice any time during the tenancy. Claiming possession is so much easier in cases where there is no deposit as the above 5.1 does not apply.
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What if after the Section 21 expiry date the tenant refuses to leave?

  1. A copy of your Section 21 Notice must be sent to the courts as part of your 'evidence' supporting your application for possession. 
  2. The Notice must contain prescribed legal text, be completed and served correctly.
  3. Your application and Section 21 notice will be checked by the courts and if deemed invalid [very common], your claim for possession is rejected.
  4. Where a section 21 is rejected the courts do not typically refund the court fee.
  5. Where an application is denied you must remedy the breech or and serve the Section 21 notice again, wait for the replacement Section 21 Notice to expire apply and make a new claim for possession again.
  6. To avoid such situations this is why we developed the automated process to complete your Section 21 Notice it is free to members.

To delay or undermine court proceedings tenants are often advised to say they did not receive the Section 21 Notice and the responsibility is on the landlord to prove they have served the Section 21 Notice. To avoid this situation we recommend serving by hand. Ideally have a witness and complete our witness form.

  FREE to members - In minutes a Section 21 specific to your situation is produced and ready to serve on your tenant(s) day. A section 21 is a vital document, if invalid your claim for possession may fail. With our Wizard produce unlimited copies - can also be used to verify existing section 21. With our wizard simply enter your tenancy information and answer a few questions and the wizard checks, verifies, completes dates, selects the correct legal clauses. 
 
Section 21 - (1) (b)
Before last day of the fixed term of the tenancy
 
Section 21 (1) (b) Notice is served when the Tenancy is in the fixed term; this is the period the agreement says I will rent to you - from to dates.  or  Section 21 (1) (b) Notice is served when the Tenancy is in the fixed term; this is the period the agreement says I will rent to you - from to dates.
Section 21 - (4) (a)
After last day of the fixed term [now periodic tenancy)
 
Section 21 4a Notice is served when the Tenancy is out of the fixed term, commonly known as a periodic, the notice dates are determined by the tenancy payable date and also how the notice is to be served.   or  Section 21 4a Notice is served when the Tenancy is out of the fixed term, commonly known as a periodic, the notice dates are determined by the tenancy payable date and also how the notice is to be served.
 
 
Our comprehensive yet easy to understand guide detailing the whole procedure from beginning to end.. This is the perfect manual for those wanting to regain possession of their property without paying huge Solicitor fees - since the law encourages landlords to use the procedure themselves. As a member you can also confirm your section 21 is correct using our section 21 wizard
 
 
FREE to members - In minutes a Section 21 specific to your situation is produced and ready to serve on your tenant(s) day. A section 21 is a vital document, if invalid your claim for possession may fail. With our Wizard produce unlimited copies - can also be used to verify existing section 21. With our wizard simply enter your tenancy information and answer a few questions and the wizard checks, verifies, completes dates, selects the correct legal clauses.  
 below we review
7      Keys rules validity, service, how long Section 21 remains valid for - HMO licence
8      What happens if tenant claims non receipt of Section 21 Notice or you breeched tenancy deposit rules?
9      Section 21 possession timescales
10 & 11 Section 21 Notice expiry date. 
12     Benefits of issuing Section 21 Notice at commencement of tenancy. 
 
 
 
 
 
 
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