Section 21 Notice

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Overview

Use our Section 21 Notice to terminate either a fixed or periodic tenancy. Draft Online and the notice is ready to serve.

• We include a template for periodic and for fixed tenancies.
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Section 21 Notice to Quit

Our Section 21 Notice to Quit includes two versions of the notice. The Section 21(a) version is for use when you have a tenant that is subject to a fixed tenancy agreement and the expiry date of the tenancy has not yet passed. The Section 21(b) notice is for use when you are dealing with a tenant that is subject to a periodic tenancy. This can be either a general periodic tenancy or a tenancy agreement where the expiry date has passed but you have allowed the tenant to remain in occupation of the property. This causes the tenancy agreement to become a periodic tenancy agreement.

Tenancy laws are in place to protect both the landlord and the tenant. At any time the tenant or landlord wishes to end the agreement there are steps that must be followed to ensure the legality of the ending of the tenancy agreement. A Section 21 Notice to Quit is one document you can use to end a tenancy agreement. There are two forms in the Section 21 Notice to Quit section. We will get more into those two documents in a moment, but first let’s take a look at what the Section 21 Notice to Quit is.

Section 21 is a law under the Housing Act of 1998 that states the landlord can give a notice to quit to the tenant in order to regain possession of a property. Typically the document is issued at the end of the Assured Shorthold Tenancy. The landlord must provide a notice to quit the agreement. Failure to provide the Section 21 Notice would break the tenant rights, but more than that it does not tell the tenant of the intention the landlord has to rent the place to another or at the very least take repossession of the property. The Section 21 Notice does not have to give a reason for the ending of the agreement.

The reason it does not have to state why the agreement is ending is due to the actual dates on the tenancy agreement. The tenancy agreement is already coming to a close and the notice to quit simply states the landlord has no intention of entering into a new agreement with the tenant.

The landlord has the right to gain possession at the end of the tenancy as long as the legal procedure is followed correctly. In 1996 an addendum to Section 21 was added in that a written document had to be served. Verbal communication would no longer count.

Section 21(a) form is a version that must be used for a fixed tenancy agreement in which the expiration date on the original tenancy has yet to pass. Section 21(b) is to be used when a tenant has a periodic tenancy and the expiration date has passed on the tenancy agreement. As the landlord you will have to decide which form will suit your needs regarding the tenancy agreement you have in place.

We have the Section 21 Notice to Quit in both 21(a) and 21(b) forms for you to use. The documents have been created by a qualified solicitor to ensure their legality. You will need to fill out the form and serve notice to keep the process completely legal. The documents are here for you to download with ease. You can save them to your computer for use at any time. They are also somewhat customisable depending on what you need to change. Any information regarding the tenancy laws cannot be changed, but names, dates, and wording may be modified if need be.