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?

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.

A tenancy becomes periodic when the end-period (stipulated in the contract) expires. In this case, the clauses in the contract still applies, but the contract runs on a monthly basis, aspposed to on an annual term.

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- eviction notice instead.

How much notice is required?

Section 21 of the Housing Act 1988 requires that the landlord provides tenants of an Assured Shorthold Tenancy (AST) with a minimum of two months’ notice in writing that he/she wants possession of the property.

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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Talk / 55 Comments

Neil wrote this on 2008-09-26 10:26:18 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 Landlord wrote this on 2008-09-26 10:36:14 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 this on 2008-09-30 09:42:55 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 this on 2008-10-13 20:49:41 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 Landlord wrote this on 2008-10-14 06:54:44 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 this on 2008-10-14 21:47:42 Many thanks for the feedback
Kind Regards 6

HELEN wrote this on 2008-10-26 12:10:46 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

Tina wrote this on 2009-01-19 20:34:01 Hello

I was issued with a section 21 notice in September 2008 because the landlord wanted his flat back it runout on the 1 december 2008. I have been waiting for the possession order too come through but still hasn't. The council are bugging me for the order and the landlord is not replying to any of my emails or letters. I have a ten year old and I am getting really worried, can anyone give me some advise 8

Jacky wrote this on 2009-02-21 21:48:32 Hi there

I am issuing a tenant with a section 21. Can anyone tell me whether you have to get the possession order from the courts before the tenant would be rehoused by the council. 9

Aunty P wrote this on 2009-02-22 09:57:00 Hi Jacky

You are correct that most councils tell the tenants to stay in the property until a Posession Order is granted by the Courts.

Your best hope is that they find another private rebted place but that's unlikely if the new lanldord takes up references as they will probably find a trail of debt and refuse to let to them.

Sorry to be the bearer of bad news. :-( 10

sarah wrote this on 2009-02-23 10:06:59 I am just agreeing terms on a new flat and the Landlord wants a mutual notice period of 3 months - I don't have a problem with this but is it legal? I know the HA says landlord must give minimum 2 months & tenant minimum 1 month, but can it be more and still be legally binding?
Thanks
Sarah 11

Aunty_P wrote this on 2009-02-23 11:51:51 My understanding is that it would be considered an 'Unfair term' and not enforceable if a dispute arose even though you have agreed. Think carefully before agreeing as if you had to move it is unlikely you will find a place to move into in 3 months time. Most tenancies have a two month notice from LL and one month for tenant so any properties on the market are usually available within the next 4 to 6 weeks and a LL is not likely to keep a property vacant for you while you serve the notice period.

Regards 12

jane wrote this on 2009-03-08 21:37:52 how much will it cost me for a Posession Order from the court and how long will it take to get?
and how long will it then take me to get the tenant out? help please 13

Neil wrote this on 2009-03-20 13:15:13 I have been given a section 21 (4) notice requiring possession. i have found 11 errors in the NTQ, can anyone tell me what will happen next. I think that only a court can deem it invalid, then the landlord will have to sent me another one. The Council will not rehouse me until i have a possession order. 14

vicki wrote this on 2009-04-12 09:48:19 i have been giving a section 21 notice by my landlord, i have three kids and the council have told me that the lanlord has to go to court to evict me, is that the only way he can evict me. they wont rehouse me without a court letter. is this correct or can i be rehoused without a court letter? thanks 15

Neil wrote this on 2009-04-12 09:56:54 The council will wait until you have a possession order then they will re house you. Because you have children you will get priority points, 16

Nicola wrote this on 2009-04-21 15:07:40 My agent has submitted a section 21 notice to our tennant, He said he has never recieved it. I have a copy. He had been asked to leave by 5/5/9 and yesterday sad he can't move until June. He is a single man. I am 7 months pregnant with a 8 year old and a dog and we are living in one room at my husbands mothers house. The tennant and Estate agents are aware of this and said they would move quickly. He has been offered alternative property even a 4 bedroom town house which he can stay in as a holiday let adn transfer his deposit. Will the courts act in our favor? 17

Angela wrote this on 2009-05-03 14:14:23 I am a landlord and my tenant receives DSS. The tenancy agreement ran from 10th Dec 2006 and the rent was due monthly (stated on AST). However as the tenant is DSS, and the DSS only pay 4 weekly, i receive the rent at this interval period instead. I now need to serve a section 21 notice to the tenant, but im not sure if the 2 months notice period date should end should at the end of the rent period i.e. the 9th of the month, or whether it should be the date before the rent would be paid again (although that may only be 8 weeks rather than the full 2 months). If anyone has an clarity on this point i would look forward to your advice. 18

John Hobbs wrote this on 2009-06-04 11:22:05 Do charities providing supported accommodation need a court order to evict a licensee. 19

Yvonne Rigg wrote this on 2009-07-17 16:21:41 I found my tenant through an agency about 18 months ago, he has since gone out of business. my tenant has refused to sign our agreement for over a year now and now owes me nine weeks rent, does she have any rights? I want to give her two weeks notice because of the rent arreas, can I do this or will I end up in trouble? or do I have to go the section 8 route. 20

Jools wrote this on 2009-07-17 17:04:35 Just because she wont sign does not mean that there is not an agreement in force - it is probably a stautory periodic tenancy (which automatically take over at th eend of and AST) so you will have to follow legal proceedures and issue the correct notice. Check to make sure it is the section 8 AND ensure that it is absolutely correct or it will be appealed.

If you are not a member of a landlord assoc - join one! Their advice is invaluable

Jools 21

Jools wrote this on 2009-07-17 17:08:14 Yvonne - check out http://www.propertyinvestmentproject.co.uk/blog/2008/10/12/section-8-evicting-tenants/

Jools 22

Kieran Boyle wrote this on 2009-07-22 08:36:40 I have a tenant in my property found through a letting agent tenant find service. We had a 6 month agreement in place and have continued this agreement after it expired on a monthly basis. This has worked fine up until now and the tenant has not paid this months rent. When I called to the property to speak to the tenant there was no sign of him and the neighbours stated they had not seen him for several weeks. I cannot contact him by phone either.

What do i need to do the regain the property from him to let it again. Should i serve a section 21 notice? 23

syed wrote this on 2009-08-16 09:45:27 If my landlord gives me section 21 notice is it a automatic repossession after 2 months or on court discretion? 24

john .c. wrote this on 2009-09-02 14:27:36 My mother has let her proprty to a relative who has been putting of signing the tenancy agreement for nearly twelve months now, he put up a garage without permission and enclosing the boiler flue he was made to take it down but still refuses to sign. can we serve him with a section 21 notice. 25

Jools wrote this on 2009-09-02 15:13:03 If you do not have a signed AST agreement it will not be possible to use a section 21 notice be it a or b. Special circumstances here I think as the tenancy will be assumed. I would suggest you contact your local CAB or a solicitor to check your legal position before issuing ANY notices - legal or not as the consequences for the landlord could be punative.

Jools 26

claire wrote this on 2009-09-07 19:09:49 my landlord's partner has emailed me on facebook saying if i do not pay my rent by friday (i admit im a week late) then she will throw my stuff out on the street, can she do this??
i am currently working away from the property and will not b back until xmas time. which they are full aware of.

any help would be greatful 27

Steven wrote this on 2009-09-07 20:47:55 i was issued with a section 21 notice over 3 months ago from our agent, we never heard anything since but have recently found a property which we want to move straight into. We contacted the agent who has said if we wish to move out we need to give 1 months notice from the 23rd (our original rent date) this means about 6 weeks from when we contacted them. Is this ok for them to do? I thought as they had issued the section 21 notice we could move out at any time afyter the 2 months were up, please help!!! 28

Aunty P wrote this on 2009-09-08 19:14:43 Claire, I'm not sure about the legality of threatening to throw your stuff on the stree. It probably depends on what type of contract you have and who it's with.

But I've got to say - why don't you just pay your rent and be a good tenant? 29

james wrote this on 2009-10-05 20:09:26 I'm stuck with a tenant from hell and need some informed advise, please! I am a landlord and let an apartment to a tenant on 1/5/2008 on 6 month AST, she stopped paying 2 months into the agreement and only today (3 months on) was the heraring under section 8. It was adjorned because the tenant decided to defend herself on the grounds she was ill and has suffered distress and is now depressed due to my actions!! No rent payments nor any contact was made by her. I only went to the property on 1 day, was not abusive etc as she would not answer the door, and she called the police and were present the whole time and advised me to not contact or come to the property at all, and persue it through the courts. Apart from this she has only received letters from me, prior to this day. I followed the advise from the police and have never been to the property since. She is now suing me for £15,000 damages!! Is this right? At the time of the initial section 8 we served a section 21, but I am unclear as to how this works. I realise it ends at the end of the tenancy, but do I have to go back to court to get her out of the property, if she has not left? 30

Twattybollocks wrote this on 2009-10-06 08:01:34 Claire - she is not allowed to throw your stuff out on the street. She has to get a court order to do so. I agree with Aunty P - make sure your rent is paid on time - makes life much easier!

Steven: Section 21 notice is a notice to quit. Remind them of the fact that they sent you it. Mind you - they should have checked that you HAD moved out at the end of the statutory period. Tell em to F*** off!

James: The problem is this. Did you serve a section 8 or 21 (There are two types of section 21) If you did not serve the correct one you are fucked. You cannot guess when it comes to serving notices - it will always bite you on the arse.

This is the problem with so called amateur landlords who think they can make a quick buck by renting a property with no clue as to the law. It is also where joining a LAndlord Association helps as you can get free legal advice once you have joined and for what they charge it is priceless.

James; I would suggest you get your story sorted properly before going before a judge. Get some legal advice - you are going to have to stick your hand in your pocket for that I am afraid. Given the fact that judges hate landlords I can only suggest that you bend over and prepare for the worst. You could ask the judge for mercy and ask him for some lube before he shafts you. I think that £15k is a bit ambitious but who knows with the legal world today.

TB 31

Vandy seng wrote this on 2009-10-06 21:28:20 Hello,
When I took the deposit from the tenant on 28.06.08, I did not know or did not put the deposit in the scheme, on 28.08.09 I put the deposit in the firm called DPS, now the tenant want to sue me and want to take me to court as I did not put the deposit in the scheme after 14days of receiving it, unless I pay the tenant £1950 which is the amount 3times of the deposit, please advise me what I shall do?
Thanks 32

The Landlord wrote this on 2009-10-07 05:51:42 Hey Vandy,
Since you've secured the deposit, I don't think your tenant can sue you. Please go refer to this article, I Haven’t Protected My Tenants Deposit Into A Scheme With In 14 Days 33

Vandy seng wrote this on 2009-10-11 16:23:22 Hello,
The tenancy agreement start 28.06.08 to 27.12.08 and tenancy agreement start another 6 months from 28.12.08 to 27.06.09.The tenancy agreement was going start and grant it from 28.06.09 to 27.06.2010, but was never renewed or signed by both party.She did not pay August rent, Sept rent paid but Oct rent has 13days overdue.
I want to evict this tenant, will I need to serve her section 21 or section 8? if served with Section 21 which day I should start to served her?
Pleas advise. Thanks 34

twattybollocks wrote this on 2009-10-11 16:43:14 Vandy,

So the tenancy is now statutory periodic is that correct?

Twattybollocks 35

Vandy seng wrote this on 2009-10-11 16:56:03 I do not know and Tenant & me do not have the agreement.

Please advise Which Section do I need to served her? And which dat?

Thanks
Vandy 36

twattybollocks wrote this on 2009-10-11 17:03:50 Begs the question why are you a Landlord when you have no clue as to something as basic as ensuring the document was signed or whether the AST is actually and AST or SPT.

Not prepared to advise as if you serve the incorrect document you will be laughed out of court and quite possibly forced to pay the tenant a penalty.

If you cant be arsed keeping such basic documents then you should not be a landlord - sorry - simple as that. Just looked at the previous post regarding you not knowing about protecting the deposit. Frankly, your stupidity is frightening!

Twattybollocks 37

Vandy seng wrote this on 2009-10-11 17:41:56 Hello
The tenancy now is statutory periodic, which date do I need to served?

Thanks
Vandy 38

mark smith wrote this on 2009-10-22 15:11:26 I have a tenent in my house his 6 month shorthold expired last May. It has not been renewed.

I have also recently discovered my tenent has taken on a lodger/tenent in breach of the origional shorthold agreement. I want them both out and they wont comply mutually.

How would you suggest procede ? cost is an issue for me and my tenent does make his payments ususally on time. 39

Aunty P wrote this on 2009-10-22 16:28:26 In reply to Mark Smith, taking into account the rent is paid on time, I wonder why why you want them out? You could start a new tenancy with them both named as tenants on the new agreement as an alternative to serving notice. Bear in mind that rents are dropping and you could end up with a gap between tenancies meaning no income while you find a new tenant.

If you really want them out, you must serve a Section 21a as it sounds as if they are in a periodic tenancy. If they don't leave on the last day of the tenancy you would have to go to court to get an order that they must leave.

Good luck
Aunty P 40

twattybollocks wrote this on 2009-10-22 16:38:21 Aunty P - he wants them out because the tenant has broken the terms of the tenancy agreement by moving someone else in without permission! If you let them get away with something as serious as this with just a "how about renewing" they will try something more serious in the future.

YOU have to be in control afterall You (well not you him!) are the landlord.

TB 41

Aunty P wrote this on 2009-10-22 16:54:01 Hi Twattybollocks, I understand where you're coming from but if the property is kept in good order and the rent paid on time I would rather have a new TA than serve notice. It could also be an opportunity to increase the rent a little. It's not renewing the TA as they are already in a periodic. Of course if there are other problems with the tenancy I'd say evict them.

My advice is based on simple economics. If we were in a bouyant market I'd consider serving notice, but we're in a downturn and it's not getting better yet. I've used this method where I have otherwise good tenants and it's ALWAYS worked for me. No void period, no expense and worry finding new tenants and most of all no hassle. My experience in the last six months is that it's a tenants market and I would probably have a void period in between tenancies and have to reduce the rent to get new tenants so losing even more income. If Mark serves notice and they are difficult or refuse to leave then you have to add in a load of unecessary stress and more expense. I've done this several times and it works beautifully.

I find a a bit of give and take works wonders sometimes! 42

mark smith wrote this on 2009-10-22 16:54:04 Thanks for the quick response

One of them is on housing as a sole tenent. If they find out they will stop/reduce my tenents rent i suspect as he is on the maximum a single male is entitled. He is lying to dss and i suspect i will be the one that will suffer when they stop his entitlement ! 43

Aunty P wrote this on 2009-10-22 16:57:27 Perhaps you ought to serve notice then Mark. Be prepared for the coucil to refuse to rehouse him until you get a court order though. That's how our local council deals with evicted claimants. Hopefully your local council may be different than mine.

Good luck 44

Tina wrote this on 2009-10-22 17:11:02 Hi there

I wrote a little while ago about being issued with a section 21, well earlier this year I went to the council who said to me that I had to wait for a eviction noticem so my little worm of a landlord decided that he would delay it as he was heard saying "I'm not letting that bit** and her daughter get one over on me, so we wont go to court until I say so", In the meantime I got myself a solicitor who because of a lot of repairs were not done sent someone to do a survey, it came back " a highly dangeorous place to live with major repairs to be done, and condemed it. I went back to the council who straight away placed us in a hostle, 5 weeks later we got a 2 bedroom council place, and the landlord, well I sued him for stress and for not doing repairs and I won over £10,000, hes not smiling now, and when he sees me, he puts his head down. 45

twattybollocks wrote this on 2009-10-22 18:36:10 @AuntyP: Aunty - only the original tenant is on the periodic. The other is an unauthorised person with no TA to the landlord as the tenant installed him without telling the landlord.

TB 46

Aunty P wrote this on 2009-10-22 19:28:48 Oh dear, twatty, point scoring are we? I 'll give you a point but I think you knew what I meant! 47

twattybollocks wrote this on 2009-10-22 19:39:22 Not interested in point scoring Aunty - just accuracy - after all if we as landlords are not accurate we get screwed! 48

mark smith wrote this on 2009-10-22 20:00:13 i did nt choose to be a bloodly landlord ! unfortunatly it was my only soddin option in a bad economic climate ! 49

mick c wrote this on 2009-11-12 21:09:25 Hi im currently letting my dwelling house out. The tenant is on a (AST) agreement. The start date was 1st October end date is 30th april 2010. My question is on what date do i give 2 months notice and do i have to issue them with a section 21 notice if so what date do i issue it. Thank's

Mick 50

Twattybollocks wrote this on 2009-11-12 21:23:03 Hey Mick,

Thats a seven month tenancy right?

TB 51

mick c wrote this on 2009-11-12 21:27:27 sorry my mistake TB its a six month from the 1st of october this year! 52

Danny wrote this on 2009-11-13 16:40:48 Hi, just a quick simple question that no-body seems to know the answer to. How long after a validl s21 has expired can it still be used to obtain a possession order? 53

Danny wrote this on 2009-11-13 16:56:28 Sorry, just re-read my question and if I ask it like that, no-body else will be able to answer it. What I meant is How long after a valid s21 has expired, is it still valid to be used in court to obtain a possession order?

i.e. How long after it has expired can you still use it? 54

VICTOR TREVOR wrote this on 2009-11-16 13:44:55 My landlord is being sued by his building society for possession on the grounds that he apparently is in arrears under his mortgage.

I have only been sent a copy of the notice of commencement of possession proceedings in the local county court, addressed to me, not by name but to "the occupier".

As I understand it the lenders are under an obligation (just like a landlord) to serve a Section 21 Notice.

Is this correct?

Thank you very much 55