Section 21 - Notice of Possession Order Form

Under the Housing Act 1988, a landlord who has granted an assured shorthold tenancy has a legal right to get his/her property back at the end of the tenancy. For this to happen, the landlord is required to follow the correct legal procedure which includes service of a notice (under section 21 of the Housing Act 1988) on his/her tenant.

What is a section 21?

If you require vacant possession of your property, you need to serve a Section 21 notice. It’s basically a form, requiring the tenant to vacate the property. There are two types – a section 21(a) and a section 21(b). Section 21(a) is used to gain possession where the tenancy is periodic. Section 21(b) is used to gain possession where the tenancy is for a fixed term and the tenancy is at an end.

Please note, if you want possession during the fixed term then it can only be obtained if a breach of contract has been proved. A Section 21 notice is not appropriate. Use a section 8 notice instead.

How much notice is required?

The landlord must give the tenant a minimum of two months’ notice, in writing. Service of notice can occur at any time after a response from the tenant. It can even be served on the last day of the tenancy, which could mean that the tenant wouldn’t have to vacate for a further two months after that.

Service Of Notice

A section 21 notice may be served by post or in person. The courts will recognise the day of postal service as the day on which the letter would normally have arrived. It is recommended that the sending of the notice is witnessed by a third party. If you decide to use the postal service, it is recommended that the notice be sent by recorded delivery and that a minimum of three working days is allowed for the notice to arrive.

Who do I address the notice to?

All the tenants must be named. As a precautionary measure, serve each individual tenant with a seperate notice. You should request that the tenants sign and return a copy to you.

Always keep a copy of the notice served and of any covering letter.

My tenant won’t leave

Once you have issued the section 21 notice on your tenant, you are required to wait until the notice has expired (this is the date given on the notice) before you can start possession proceedings.

If the tenant has not vacated, then you will need to start court possession proceedings. This is done by obtaining the appropriate forms from your local court. There are two procedures that can be used; the standard possession procedure and the accelerated possession procedure (APP).

Download

Here’s a copy of the Section 21 - Notice of Possession Order Form I use with my tenants. Feel free to use it.
Section 21 - Notice of Possession Order Form

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7 Comments

Neil wrote, on Sep 26th, 2008

	Hi, I have rented out my property through a letting agent. I have never signed anything from them in terms of a agreement or contract. Where do I stand with that? Can I negotiate my fees, is there a legal act I can throw at them to panic them? Help.
1

The Property Amateur wrote, on Sep 26th, 2008

	Hey Neil, So you have tenants in your property, but your letting agent never arranged a tenancy agreement between you (the landlord) and the tenants?
2

Aunty P wrote, on Sep 30th, 2008

	If they provided a Terms of Business and you allowed a tenancy to commence even if you haven’t signed the TOB then you have in effect agreed to thier terms and you should pay whatever was agreed at the outset. If you wanted to negotiate fees you should have done it before engaging in business. I hope this is helpful.
3

HELEN wrote, on Oct 13th, 2008

	hi there, i have general power of attorney for a friend with cancer. his ex girlfriend is still living in his house (he’s not there) after their breakup. she’s paying rent but without any written agreement at all tenancy or cohabitation. do i need to serve her a section 21 form to get her to vacate? or just a letter giving 2 mths notice? please help. thanks H
4

The Property Amateur wrote, on Oct 14th, 2008

	Hey Helen, You’ll need to serve a section 21. At the moment you have an oral agreement, which is just as binding as a shorthold tenancy agreement. Kind regards
5

HELEN wrote, on Oct 14th, 2008

	Many thanks for the feedback Kind Regards
6

HELEN wrote, on Oct 26th, 2008

	Hi me again. I’m serving the Sect 21 this week as Power of Attorney for my sick friend to request his ex girlfriend leaves his property, do I need to change your form to state signed: landlord/power of attorney/agent and agents/power of attorney name and address? Also as their was no signed tenancy agmt in place just verbal with no mention of timescales (she’s been living there alone for almost 18mths) should this be periodic or fixed term? Thanks & Regards, Helen
7

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