What is section 21 of the Housing Act 1988?
Section 21 of the Housing Act 1988 as amended by Housing Act 1996 states that landlord has a right to get the possession of the property after the end of an assured shorthold tenancy.
The section 21 provides the two types of notices for regaining the possession of the assured shorthold tenancy. Such as:
Use of section 21 (b)
Section 21 b notice is used to regain the possession of fixed term tenancy. The landlord can use this type of notice after the signing of the tenancy agreement. This notice is used by landlord, and the time period of section 21 b starts when the tenant receives the notice .The date on which the tenant is required to leave the property must be at least six months after the date the tenancy started. The landlord cannot take the possession under section 21 during the first six month of the original tenancy. The duration of fixed term tenancy is usually between six month and of tree years.
Time period for sending section 21 (b) notice
Section 21 b states that a landlord must provide two month notice before the end of the fixed term tenancy. For example, where the tenancy was due to expire on 31st October, then the section 21 notice could be served on or before 31st August, and the notice dated to expire ‘after 31st October.’ The section 21 b states that:
“the landlord, or in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice stating that he requires possession of the dwelling-house”
Section 21 b must be served before the possession action can be started. Section 21 1 (b) notice is not used for regaining the possession on the basis of the fault of the tenant.
The section 21 notice must be in written form.
Section 21 notice VS section 8 notice
The landlord can regain the possession of the property before the end of fixed term tenancy if the tenant breach any term of the tenancy agreement. This type of repossession from the tenant is called fault based possession. Section 8 notice is used where the tenant is at fault. Section 21 1 (b) notice is used just to warn the tenant that landlord wishes to regain the possession of the dwelling house after the end of the fixed term tenancy.
Failure of sending section 21 1 (b) notice
If the landlord does not serve the two month on the tenant, and the tenancy is continued after the expiry of the fixed term, then the tenancy will be qualified as periodical tenancy.
How to serve section 21 b notice
If there is more than one tenant, then landlord must specify the name of the all tenants on the notice, and it must be sent to the all tenants. If there are more than on landlord then it is sufficient that any of them can issue the 21 b notice. The section 21 notice must be in written form.
We provides the comprehensive section 21 b notice. Such as:
Section 21(b) notice for possession of a fixed tenancy
Landlords should use this Section 21(b) notice when serving notice on a residential tenancy before the fixed term of the tenancy ends.
Use this document either to regain possession of a property, or to end a tenancy agreement for the purposes of arranging a new one with the same tenants.
The section 21 provides the two types of notices for regaining the possession of the assured shorthold tenancy. Such as:
- Fixed term tenancy
- Periodic tenancy
Use of section 21 (b)
Section 21 b notice is used to regain the possession of fixed term tenancy. The landlord can use this type of notice after the signing of the tenancy agreement. This notice is used by landlord, and the time period of section 21 b starts when the tenant receives the notice .The date on which the tenant is required to leave the property must be at least six months after the date the tenancy started. The landlord cannot take the possession under section 21 during the first six month of the original tenancy. The duration of fixed term tenancy is usually between six month and of tree years.
Time period for sending section 21 (b) notice
Section 21 b states that a landlord must provide two month notice before the end of the fixed term tenancy. For example, where the tenancy was due to expire on 31st October, then the section 21 notice could be served on or before 31st August, and the notice dated to expire ‘after 31st October.’ The section 21 b states that:
“the landlord, or in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice stating that he requires possession of the dwelling-house”
Section 21 b must be served before the possession action can be started. Section 21 1 (b) notice is not used for regaining the possession on the basis of the fault of the tenant.
The section 21 notice must be in written form.
Section 21 notice VS section 8 notice
The landlord can regain the possession of the property before the end of fixed term tenancy if the tenant breach any term of the tenancy agreement. This type of repossession from the tenant is called fault based possession. Section 8 notice is used where the tenant is at fault. Section 21 1 (b) notice is used just to warn the tenant that landlord wishes to regain the possession of the dwelling house after the end of the fixed term tenancy.
Failure of sending section 21 1 (b) notice
If the landlord does not serve the two month on the tenant, and the tenancy is continued after the expiry of the fixed term, then the tenancy will be qualified as periodical tenancy.
How to serve section 21 b notice
If there is more than one tenant, then landlord must specify the name of the all tenants on the notice, and it must be sent to the all tenants. If there are more than on landlord then it is sufficient that any of them can issue the 21 b notice. The section 21 notice must be in written form.
We provides the comprehensive section 21 b notice. Such as:
Section 21(b) notice for possession of a fixed tenancy
Landlords should use this Section 21(b) notice when serving notice on a residential tenancy before the fixed term of the tenancy ends.
Use this document either to regain possession of a property, or to end a tenancy agreement for the purposes of arranging a new one with the same tenants.