[50], Where the tenancy is bought to an end before the end of a period of the tenancy as a result of the service of a section 21 notice, and the tenant had paid rent in advance for that period, the tenant is entitled to a repayment of rent paid for days where they were not in occupation. A Section 21 notice is the only valid way of ending an assured shorthold tenancy where the tenants have not breached the tenancy agreement. Tenants of regulated tenancies under the Rent Act 1977 cannot be evicted by their landlord without one of the grounds under Schedule 15 of the Act being satisfied. In the last 6 months, your council has served an improvement notice or notified that it … [32], The second is the requirements under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998. The eviction notice’s official title in the courts is a ‘Notice Requiring Possession (under section 21 of the Housing Act 1988)’. This notice is used to regain possession of properties under an assured shorthold tenancy where the tenancy is for a fixed term. The section 21 notice has expired because the date you received it was more than 6 months ago. The Government has temporarily changed the rules around using a Section 21 notice during the coronavirus pandemic: Between 27 March and 30 September 2020 notice periods were extended to at least three months. The […] A tenant is entitled to two months written notice. What is a section 21? A new Form 6A section 21 notice comes into effect from 1 June 2019, in light of the Tenant Fees Act. Alternatives to section 21 Notices. 1 and Transitional and Saving Provisions) Order 2015", "The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015", "The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015", "The Tenant Fees Act 2019 (Commencement No. [29] On 28 August 2020, the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 was laid before parliament raising the minimum length of notice in England also to six months. [vii][14][15], Section 21 of the 1988 Act provides two different mechanisms under which a landlord can give notice to obtain possession of their property. Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices). [xxvii] From 26 March 2015, if the successive tenancies are for the same or substantially the same property, a landlord is deemed to have complied with the requirements if at the start of a new tenancy the deposit continued to be held in accordance with the same authorised scheme as when the requirements were last complied with by the landlord. They do not need a reason to issue one. [40][41] Since the modified form was not set by either primary or secondary legislation, but simply modified and published on the government's website, it is debatable whether the form as available on the government's website is valid or not, without relying on arguments that the form as published is substantially to the same effect [xliii] as that prescribed following authorities from Ravenseft Properties Ltd v Hall. What is a Section 21 Notice? These are used when the landlord wants to regain possession of a property at the end of an assured shorthold tenancy or wishes to exercise a 'Break Clause'. [46] Where the tenancy is a replacement tenancy, it is not necessary for the landlord to give the guide again unless a new version has been published since the last time the landlord provided the guide under an earlier tenancy. [ii][4] If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The facts of the case and wording of the judgments however leaves open the possibility that a lack of a valid gas safety certificate at the time when the tenant first went into occupation under the tenancy remains an irremediable breach. The last day of a period of the tenancy will be the day before the day the rent was supposed to be paid in the fixed-term contract. The guide must be given in hard copy unless the tenant has agreed that the landlord may give the tenant notices and other documents given under or in connection with the tenancy by email,[li] in which case it can be sent as an email attachment. It is the route to be used if Section 21 is not an option available to you. However, a ‘Notice to Quit’ is a specific form of notice. Landlords must give tenants at least two months' notice but in order to be legal the Section 21 notice must: Section 21 Notice to quit is a legal tool, which the landlord can use to regain possession from a property which is let under an Assured Shorthold Tenancy. The version given must be the version that has effect for the time being. Section 21 Notice to quit is a legal tool, which the landlord can use to regain possession from a property which is let under an Assured Shorthold Tenancy. [xxvi][33][35], The requirements to protect the deposit and giving of information applies afresh for every tenancy. Please tick boxes where appropriate. This Section 21 Notice Seeking Possession (Wales) is designed for a Landlord to serve on an Assured Shorthold Tenant. 3 That a section 21 notice is a ‘Notice to Quit’ People often talk about section 21 notices as being a ‘notice to quit’ meaning that it is a notice asking people to leave. 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. It is called a Section 21 notice because the requirement for the landlord to serve the notice is a provision of Section 21 of the HA 1988. Section 21 notices are eviction notices used by landlords in England & Wales when they want to evict tenants at the end of the fixed term.. Find out more on when they should be used and how they are served. Landlords wishing to end an assured shorthold tenancy ("AST") usually use the 'no fault' procedure. Evicting a tenant using the Section 8 is very different to using Section 21 and carry some pitfalls. The Tenant Fees Act 2019 introduces yet another requirement before a valid Section 21 notice can be served, that is, not to have taken a “prohibited payment” as prescribed by the Act. Section 21 Notice to Quit. A section 21 is a legal notice that a landlord can give to start the process to end an assured shorthold tenancy. A new version of the guide with corrected subtitle was published on 9 July 2018. You might be given a section 21 notice during a: rolling periodic tenancy; fixed term tenancy - if there's a break clause; It gives a date for you to leave your home. "Section 21 is a pernicious piece of legislation that renters across the country will be glad to see the back of. A section 21 notice can be served at any time from the beginning of the tenancy but the notice can only end at the end of the fixed term. A landlord may only require the payment of money as deposit. [33] The Localism Act 2011 increased the time limit to 30 days[xxii] starting from 6 April 2012. [xxiii] Additionally, the Localism Act 2011 (Commencement No. Landlords must give tenants at least two months' notice but in order to be legal the Section 21 notice must: be delivered in writing and give at least two months' notice. These are used when you want to evict a tenant either at the end of the fixed term or when using a break clause to regain possession of your property, to serve a Section 21 Form 6A notice you do not to give grounds for ending the tenancy agreement. ", Advising tenants facing section 21 proceedings, https://en.wikipedia.org/w/index.php?title=Section_21_notice&oldid=982038925, Articles containing potentially dated statements from 2019, All articles containing potentially dated statements, Creative Commons Attribution-ShareAlike License, This page was last edited on 5 October 2020, at 20:56. [xxxv][36], A section 21 notice is only valid for six months from the notice being given. These include those […] There is disagreement as to whether the prescribed form was required for tenancies granted before 1 October 2015 and associated statutory periodic tenancies. The tenancy (fixed term) contract has ended, No fixed date for tenancy termination during ‘periodic’ tenancy, ‘How to rent: the checklist for renting in England’, Landlords fixed term is yet to end and there is no specific clause in the contract to issue section 21, In the last 6 months, your council has served an improvement notice or notified that it will do emergency works on the property. Prior to the coronavirus pandemic, serving a Section 21 notice was the most common way for landlords to begin the process of ending a tenancy. The local authorities do change the requirements fro… [ix][16] If the notice is served by a company, then it must be signed or otherwise executed in accordance with the Companies Act 2006. [xxxii][32][36], A landlord is exempted from this section if the condition that gave rise to the notice by the authority is due to a failure by the tenant to use the property in a tenant-like manner, or at the time of the notice the property is genuinely on the market for sale, or if the landlord is a private registered provider of social housing, or the section 21 notice is given as a result of a mortgagee exercising a power of sale on the mortgagor after a default. [xli] Without the restriction to its application that was present in the first 2015 Regulations,[xxxix][xlii] there are no questions as to its applicability to existing older tenancies. [19][20] The judgment clarified that a notice may also be given under the subsection during a statutory periodic tenancy that arise pursuant to section 5 of the 1988 Act on the coming to an end of a fixed term tenancy. You might be able to challenge your eviction and stay longer in your home. Where there are successive tenancies between the same landlord and tenant for the same or substantially the same property, this prohibition runs from when the original tenancy began. It takes the form of a letter confirming that the Assured Shorthold Tenancy (AST) will come to an end on a date specified in the letter. Click Here For details Property Management Companies Landlord Services as well as benefits of using a professional management company. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order execu… Please write clearly in black ink. If you took a poll of the biggest gripes of lettings agents, the serving of Section 21 notices would probably be near, if not at, the top of the list. If your section 21 notice is valid, your landlord will need to go to court to evict you. "Section 21 is a pernicious piece of legislation that renters across the country will be glad to see the back of. PROBLEM:In several areas the local authority has introduced selective or additional licensing for private rented accommodation that sits alongside the national HMO licensing scheme. Your landlord can't give you a valid section 21 notice during the first 4 months of your original contract. [xvi] Such a formula may be on its own, or used alongside a specific date as a saving formula in case the specific date is not valid. A section 21 (s21) notice is a written statement from the landlord to the tenant notifying that he wishes to regain vacant possession of the property. The equivalent of a Section 21 notice for periodic tenancies in Wales (also described as occupation contracts) is a Section 173 notice, and for fixed-term tenancies it's a Section 186 notice. Rent A guide for current and prospective tenants in the private rented sector in England". A Section 21 notice of the Housing Act 1988 is the first step a landlord must take to evict a tenant on an assured shorthold tenancy. If the property requires either a HMO, selective or additional licence, this must be applied for before a valid Section 21 Notice can be served. [xiv][18], Under subsection (4)(a), the length of the notice must be at least two months. Section 21 Notice to Quit. If you received a Section 21 eviction notice between 29 th August 2020 and 31 st March 2021 the notice is valid for 10 months. For an overview of the procedures for terminating an AST and the legal and practical issues that may arise generally, see Practice note, Ending an assured shorthold tenancy. Unlike Section 8, which helps you evict tenants who break the rules of their tenancy, Section 21 is used when a fixed-term tenancy - agreed in a written contract - comes to an end or during a periodic tenancy (one with no fixed end date). The Rent Act 1977 and the Protection from Eviction Act 1977 consolidated existing legislations and is still in force as of 2019[update]. You cannot use a Section 21 notice if any of the following apply: 1. it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this 2. the property is categorised as a house in multiple occupation (HMO) and does not have a HMOlicence from the council 3. the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme 4. the tenancy started after November 2016 and you do not hav… Before you do this, you must have: Given the tenant a copy of an EPC (with a rating of E or higher … Reason 6. This means the tenant must physically receive the notice 2 months before they have to move out. There are other ways in which the section 21 notice might be served incorrectly or be able to be overthrown due to technicalities. Ways to challenge a Section 21 notice. PREVENTION:Check the licensing provisions of the local authority and make sure you know what licensing requirements relate to the property. 39% of members have issued no Section 8 notices in the past two years. If you serve a section 21 notice at the end of the tenancy, the tenant is not mandated to leave the property till after two months. [27][28], The Welsh Government further increased the minimum length of notice for properties in Wales to six months from 24 July 2020. [xx][32], No section 21 notice may be given while a deposit is held that is not protected in accordance with an authorised tenancy deposit scheme. Ways to challenge a Section 21 notice. [xxviii][36], The Deregulation Act 2015 introduced a number of changes imposing new obligations on landlords, failure to comply with which renders any section 21 notices served to be invalid. The section 21 notice is a minimum two months notice served on an assured shorthold tenant when the landlord wants the property back. 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