A landlord has a legitimate right to reclaim their dwelling at the conclusion of a tenancy period according to the 1988 Housing Act, providing that the tenancy in question is an assured shorthold tenancy. To be able to do this; landlords must abide by the correct legal process and this means that notice must be served according to section 21 of the Housing Act.
One form of notice is for notices issued prior to the conclusion of the fixed term and this is recognised as the section 21 sub section 1 b notice. Another kind is called a section 21 sub section 4a notice and this is used to confirm that a landlord wants to finish a statutory periodic tenancy. Landlords would be wise to utilise a purposely structured free section 21 notice template to ensure that the notice is provided accurately, that no details have been neglected or other information left out and is consequently an enforceable document.
Both of these notices must give tenants two months notice or more in writing; however a landlord may serve these notices at any time in the tenancy. Say you serve the notice before the conclusion of the fixed term; then this notice must take account of the last date in the fixed term as well as giving a notice time of 2 months or more.
Landlords should study all they can find about the eviction procedures and how to stick to the rules before they commence their repossession proceedings, this makes sure that the eviction notice is properly prepared and enforceable when it expires.
The notices must be dated and signed by the landlord, who ideally should serve the notices individually, as this is a good way to make certain that all tenants have accepted it. If you are preparing your own eviction notice, then a free section 21 notice template will help you achieve a professional finish. It is always sensible to produce copies for all involved parties.
There is an extra obligation if you serve a notice after the fixed term, for example when in a periodic tenancy. The notice should still provide the tenant with a period of at least 2 months notice; nonetheless the notice should give a day which is the final day in a tenancy period.
If this date is incorrect, the notice will not be enforceable, and any request for repossession based on this cannot be granted. A free section 21 notice template written by someone with legal training should be used to avoid the above complications.
Section 21 in the Housing Act gives the landlord the right to repossess their rental dwelling without providing reasons; however a section 21 notice can only be used to recover possession of a rental dwelling at the finish of a fixed term within an assured shorthold tenancy. This method cannot be employed to accelerate possession during the agreed fixed term; a notice citing section 8 grounds should be used instead.