How to serve a section 21 and section 8 notice of eviction. Form 6a notice seeking possession of a property let on an assured shorthold tenancy. It is less common than the section 21 as it is used to evict the tenants during the tenancy. If a landlord requires possession of the property before the end of your fixed term shorthold tenancy, you must be served with a notice seeking possession and your landlord requires valid grounds as defined in the housing act 1988. Note a section 21 notice in england is a prescribed form and you must use the correct form for it to be valid.
Difference between section 8 and section 21 tenant. 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. If your landlord gives you a section 21 notice and you dont have an. The first step is for your landlord to give you a section 21 notice.
Landlords and agents seeking continuous professional development points. Housing act 1988 section 8 as amended by section 151 of the housing act 1996 notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy please write clearly in black ink. Download your free section 21 notice and read our expert guide on everything you need to know about. Section 8 notice seeking possession the tenants voice. You might get a section 8 notice if you have rent arrears, for example. The section 21 eviction process for assured shorthold tenancies asts in england and wales is a very valuable concession for landlords, which not all jurisdictions give. Which document you should use depends on what stage of a tenancy you are looking to regain the property back. These documents can be found in our terminating tenancies folder. Section 8 notice to quit free download houses for sale with. Free forms and documents for landlords property hawk. Therefore choose this document only if the tenant is in breach of any clauses or grounds from your tenancy agreement.
Section 21 notices elearning when a landlord requires possession of their property the first and most critical step is to serve the tenant with notice. Section 21 notice cannot be used if one or more of conditions below apply. Your landlord could give you a section 8 notice as well as a section 21 notice. A section 21 notice is commonly known as a no fault possession notice as landlords dont have to give a reason for wanting to take possession of the property. This section 21 notice seeking possession wales is designed for a landlord to serve on an assured shorthold tenant. The notice can be immediate, 2 weeks, or 2 months, depending on the grounds for the notice. Housing act 1988, section 8 as amended by section 151 of the housing act 1996, section 97 of the antisocial behaviour, crime and policing act 2014, and section 41 of the immigration act 2016. Housing act 1988 section 21 1 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and hous ing act 1989 and section 982 and 3 of the housing act 1996 and as modified by section 81 of, and paragraph 6 of schedule 29 to, the. If the tenant has broken any terms of a tenancy agreement eg rent arrears. However, when serving notice, for example in the case of rent arrears, it is recommended you serve both a section 21 notice and a section 8 notice. Section 21 notice to quit is served as the first step in every eviction process. Our most popular form is discussed in detail on its own page.
Where landlords are seeking an order for possession on a statutory periodic tenancy under section 21 4 of the housing act 1988, the notice period should also not be shorter than the period of the tenancy up to a maximum of six months, e. Factsheet 1 of 3 your landlord does not need a reason to end your assured shorthold tenancy ast but must follow the correct procedure. However, correctly serving a section 21 notice is a prerequisite of seeking repossession through the courts, so in this sense it is the beginning of the legal eviction process. Apr 05, 2018 the section 21 eviction process for assured shorthold tenancies asts in england and wales is a very valuable concession for landlords, which not all jurisdictions give. Notice seeking possession of a property let on an assured shorthold tenancy for all new asts created on or after 1 october 2015. A section 21 notice, also known as a notice requiring possession, can be used to terminate a fixed or. Form 6a notice seeking possession of a property let on an assured. The requirement does not apply where a landlord is a private registered provider of social housing or. Important changes to section 21 notice of seeking possession. Many agents are very familiar with the wording of section 8 and section 21 notices and indeed many have received training to ensure that errors like this are not made. Create a form 6a eviction notice online with our free template. It may also be referred to as an eviction notice, a notice to quit or a notice seeking possession. Section 21 notice of seeking possession london property licensing. It must be used to legally terminate an assured shorthold tenancy ast.
Section 21 form 6a uk template make your free eviction. Download section 21 and section 8 forms for serving notice to tenants renting under assured shorthold tenancies. If you are serving a section section 21 form 6a, then the following applies if the section 21 was served in the fixed term, you have a use by date of 6. In serving eviction notices and possession proceedings, we ensure that you meet all the requirements to help prevent any unnecessary delays. Now, if a tenant complains to the landlord about disrepair, there is a procedure to follow if the landlord is to rely on a section 21 notice. A section 21 notice is the most common way for your landlord to start the eviction process. You will find the previous versions available to download at the bottom of this page. Section 21 notice free section 21 notice template uk. Difference between section 8 and section 21 tenant eviction. Section 21 can be served without a particular reason. A section 21, also known as a notice of possession, should be served to end a an assured shorthold tenancy agreement so the landlord can regain possession on the last day of the fixed term of the tenancy or afterwards during a. Section 21 notice of seeking possession london property.
Housing act 1988, section 8 as amended by section 151 of the housing act 1996, section 97 of the antisocial behaviour, crime and policing act 2014, and section 41 of the immigration act 2016 this form should be used where possession of accommodation let under an assured tenancy, an. Download our tenant manual pdf, 646kb tenancy agreement. You can use a section 21 notice to evict your tenants either. This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy ast is.
Landlords fixed term is yet to end and there is no specific clause in the contract to issue section 21. Section 21 notice requiring possession our solicitor prepared section 21 notice is used to end a residential assured shorthold tenancy either before or after the initial fixed term has ended. Section 21 notice to quite template form free download. Nb no section 21 notice may be given in relation to a tenancy where a landlord has breached section 11 or schedule 2 of that act so long as all or part of the.
Section 21 form 6a notice what is a section 21 notice. This is a mandatory document for any landlord wishing to regain possession. A section 8 notice should be used as the start of the process to evict the tenant and regain possession because the tenant is in breach of the agreement. Given the tenant a copy of an epc with a rating of e or higher if tenancy started or was renewed after 1 st april 2018 a valid gas safety certificate. Section 8 notice free section 8 notice template uk. This is a mandatory document for any landlord wishing to regain possession or agree a new tenancy and must be completed correctly to be valid. Make a free eviction notice for your property using our stepbystep interview. Housing act 1988, section 21 1b as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996. A section 21 housing act 1988 notice is a no fault way of obtaining possession from a shorthold tenant. Periodic notice section 21 4 a this notice is required when seeking a non fault based possession the tenant has done nothing wrong and for use during, on or before the end of a tenancy. Notice seeking possession under section 8 of the housing act 1988 englandby practical law property litigationrelated contenta landlords notice seeking possession of premises let on an assured tenancy or assured shorthold tenancy ast pursuant to section 8 of the housing act 1988 ha 1988, as set out in form 3 of the schedule to the assured tenancies and agricultural occupancies forms. Section 21 a possession notice for ending a tenancy created before 1 october 2015 and where the fixed term has expired. Section 21 must give you two months of time since the date being served to you. Seeking ast tenancy advice s21 notices and break clauses.
We assist with the whole eviction process from start to. A landlord should allow 3 working days for delivery and use recorded delivery or proof of postage. Download or print a section 21 notice form in minutes. This was to tackle the situation where tenants complain to their landlords about disrepair to the property and they are then served with a notice seeking possession section 21 notice. Your landlord doesnt need to give a reason to end your tenancy with this notice. This gives you the option to decide later to use either route to court, but most importantly, serving early means it starts the clock starts ticking on the notices at the first signs of trouble. The cover of the latest how to rent booklet is almost. The 9 available prescribed forms can be downloaded below.
Consider using a section 8 notice seeking possession or a notice to quit instead. Nov 17, 2017 the notice can be immediate, 2 weeks, or 2 months, depending on the grounds for the notice. If a landlord wants their property back, a notice seeking possession under section 21 housing act 1988 must first be served unless grounds are available for a section 8 notice. Eviction five misunderstandings about using section 21. A section 8 notice is also known as a notice to quit.
That date may be the last day of the fixed term or a later date. Section 21 notices have no finite lifetime in which they can be used, they oldest reported case involves a section 21 notice which expired 6 years before the possession action began. And they can use a speedy route lawyers and courts call it the accelerated possession procedure to get a possession order that wont normally involve a court hearing, if you dont leave their property by. If not, it is highly likely your claim will fail and you will have to start from scratch again. A section 21 notice is used when a landlord requires the tenant to vacate a rented property by a specified date. Section 21 notice to a tenant on an assured shorthold tenancy agreement ast which started on or after 1 october 2015.
In england and wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. Going ahead with a section 8 notice if you do decide to go down this route, then as with section 21 notices, careful attention to detail must be observed when issuing the section 8 notice. New rules on assured shorthold tenancies and section 21. This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy ast. Youll need to deal with it as well as your section 21 notice and the steps are different. Prior to 1 october 2015, there was no prescribed format for a section 21 notice of seeking possession. Form 6a notice seeking possession of a property let on an assured shorthold tenancy housing act 1988 section 21 1 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996 please write clearly in black ink. I have been told that with an ast a section 8 notice is only used for eviction for rent arrears and section 21 is used in every other circumstance e. Section 21 notices elearning course rla training academy. Notice seeking possession of a property let on an assured. With a section 8 notice you must give at least 2 weeks written notices using the correct form notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy.
Understanding the section 21 notice of seeking possession. You will need either a section 214a, section 211b or section 8 eviction notice to gain back your property, as you cannot evict a tenant without an order from the court. The difference between a section 8 and a section 21 the. Property does not have an hmo licence from the council and is classed as is classed as a house in multiple occupation hmo. For all tenancies started on or after 1 october 2015, the landlord must now use the correct prescribed form. Using a section 21 notice means a landlord doesnt have to give any reason for asking you to leave. The notice gives you two months to leave, before the landlord seeks possession of the property.
Continue section 8 notice to quit this is the legal notice you need when a tenant has failed to pay rent on time or in full. Housing act 1988 section 211 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and hous ing act 1989 and section 982 and 3 of the housing act 1996 and as modified by section 81 of, and paragraph 6 of schedule 29 to, the. Serving a section 21 notice form 6a is effectively the first step in the accelerated procedure for repossession of properties let on asts. Form 3 notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. It is often easier to serve a section 21, even if the tenant is in arrears, as the process for a section 8 can be costly and any grounds you give can be contested by the tenant in court. It is possible to serve both notices at the same time.
Before applying to court, he or she must have served this form on each tenant. How much notice you must be given a section 21 notice must give you at least two months notice. Correct form as mentioned above, if your tenants moved in before october 2015, then you can write your own document, as long as it is made clear in writing on the. The notes that accompany the notice guide you in how to do this. However, this restriction is lifted as soon as the publication has been provided. Section 8 notice to quit free download houses for sale. The courts will recognise the day of postal service as the day on which the letter would normally have arrived. Sending the section 21 notice by mail is an acceptable method. Section 8 as amended by section 151 of the housing act 1996 notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. Eviction notice section 21 tenancy termination notice wales. How to deal with a section 21 eviction notice advicenow. Section 21 notice of seeking possession you can use a section 21 notice to evict your tenants either.
Generally a section 21 notice may be served by post or in person. Form 6a notice seeking possession of a property let on an. Form 6a has been changed to reflect new legislation which. To serve a section 21 notice, you must complete form 6a and then serve it according to the following rules. Indeed, there is little excuse for this type of mistake as the government provides a completely accurate form of section 8 notice for anyone to download. And they can use a speedy route lawyers and courts call it the accelerated possession procedure to get a possession order that wont normally involve a court hearing, if you dont leave their property by the date given in the. However it is not straightforward and there are quite a few misunderstandings. Section 21 notice seeking possession wales simplydocs. Please tick boxes where appropriate and cross out text marked with an asterisk that does not apply. Housing act 1988, section 211b as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996. For all assured shorthold tenancies granted on or after 1 october 2015 in england, a prescribed form must be used.
Check your section 21 notice is valid, find out what to do if its not valid and make. Heres a more detailed look into section 8 eviction notice and you can download a section 8 notice from here. Your landlord doesnt have to give a reason for wanting you to leave. Prescribed form 6a section 21 notice england only grl. The expiry of a section 21 notice does not bring a tenancy to its end. Notice seeking possession of a property let on an assured shorthold tenancy form 6a. Form 6a notice seeking possession of a property let on an assured shorthold tenancy housing act 1988 section 211 and 4 as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996 please write clearly in black ink. Follow the correct process to gain possession of your property safely and legally with this simple section 21 notice.
I have been told that i must have a break clause in the ast in order to entertain a section 21 notice. Section 21 form 6a uk template make your free eviction notice. Notice seeking possession of a property let on an assured shorthold tenancy. Eviction of assured shorthold tenants shelter england. Section 21 of the housing act 1988 is the section which says that you can evict your tenant, without giving a reason, provided you serve the proper form of notice it sounds like quite an easy eviction procedure, and in a way it is. A landlord cannot evict a tenant without first obtaining a court order for possession. Property118 seeking possession under section 8 for rent.
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