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Section 21 Notice
Section 21 of The Housing Act 1988, stated that a minimum of two months notice must be served on a tenant. In 1996 the Housing Act was amended slightly and under section 98 of the 1996 Housing Act it is stated that the notice must be served in writing. If you need to go through the accelerated possession procedure proof of notice is required so you must give notice in writing.

For your free Section 21 templates to be e-mailed to you, click here.

Service of notice can occur at any time after the commencement of the tenancy. Do not give notice before the tenancy has started! However, you must allow the tenant to be in situ for a minimum of 6 months.

Ensure the format of the notice is correct and to be really safe you need to use the Section 21 as legally prescribed. Click here to request your free Section 21 copies.

All the tenants must be named on the notice especially in the case of sharers. If you want to be really careful then serve each individual with notice.

Please note that the serving of notice varies according to the type of tenancy.

Periodic Tenancies:

These are tenancies that have gone past the fixed term and are now into "periods". A period being the time the rent is paid. i.e. every month or every 2 months etc. Notice can be served on the tenants and again you must give at least 2 months notice, but you must ensure that the notice period brings the tenancy to an end at the end of a rental period. Therefore, if the rent is paid on the 25th of each month, ensure the notice will bring the tenancy to an end on the 24th of the month. For example I receive rent from my tenants on the 25th of each month. Today is the 30th. I have to give 2 months notice and bring the tenancy to an end at the end of a rental period. As I have just missed the 24th July I can give notice to the tenants for possession of the property on the 24th October 2001 . If I had thought about it I could have given notice to the tenants on the 20th of July and had the property back on the 24th September 2001 .

Note if the rent is paid quarterly then you can only give notice to run out at the end of the quarter.

Always keep a copy of the notice served and of any covering letter.

For your free Section 21 templates to be e-mailed to you, click here.

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