Section 21(a) - Eviction Notice to End Periodic Tenancy for England

Assured Shorthold Tenancy: Periodic

Housing Act 1988, Section 21 (4) (a)

As amended by the Housing Act 1996

Notice Requiring Possession



(i) Name and address of Tenant(s)

To:
Of: _____________
_____________
_____________

(ii) Name and address of Landlord

From: _____________
Of: _____________
_____________
_____________

Date of Expiry: _____________ or the date that falls two months after the next rent payment date, whichever is later.

Notes

1. Where an assured shorthold tenancy has become a periodic tenancy, a court must make an order for possession if the landlord has given a notice in writing.

2. Where there are joint landlords, at least one of them must give this notice.

3. This notice must expire:

          i. on the last day of a period of the tenancy.

          ii. at least two months after this notice is given.

          iii. no sooner than the earliest day on which the tenancy could ordinarily be brought to an end by a notice to quit.

Information for Tenants

1. If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from a court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

2. A tenant or licensee who does not know if he has any right to remain in possession after a notice to quit or notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. Information should also be available from a Citizen's Advice Bureau, a Housing Aid Centre or a rent officer.


Signed: ___________________________ Date: ______________

Instructions for Your Section 21(a) - Eviction Notice to End Periodic Tenancy



Landlords and agents of the Landlord can use this 21 (4)(a) to end an assured shorthold tenancy and evict tenants during a periodic tenancy. A periodic tenancy is a tenancy that either did not have a fixed term and ran month-to-month, or where the fixed term has ended but the tenancy has continued on. If the tenancy has been a month-to-month agreement from the beginning, then it is important to note that a Landlord must allow the Tenant to occupy the property for at least six months, unless a breach of the tenancy agreement occurs.

The Section 21 eviction process is what is referred to as a "no-fault" procedure. This means that it is not necessary for the Tenants to be in breach of any of the terms of the Tenancy Agreement or be in rent arrears in order to evict them.

Serving the Notice

The Section 21 (4)(a) can be served on Tenants either six months after the start of a periodic tenancy that began as a periodic tenancy or at any point in a periodic tenancy that was once a fixed-term tenancy. The Landlord must give a minimum of two months' notice in line with the rental payment dates. Depending on when the notice is served, this could lead to the Tenants requiring more than the minimum two months. For example, if rent is paid on the 15th of every month but notice is not served until the 20th of January, the notice could not expire until the 14th of April.

Best practice is to send this notice by registered, first-class post.

Important Information

In order to serve any eviction notice, the Landlord must have fulfilled their obligation to lodge the deposit with one of the approved Deposit Protection Schemes. If this has not been done, any eviction notice will be considered invalid.

In the event the Tenants do not vacate the property at the expiry of a Section 21 (4)(a) Notice, the Landlord does not have the right to re-enter the property. A Landlord must apply to the courts for an order of possession.

This document may only be used in England and Wales.

Landlord Landlord – Tenant Notices

Section 21(a) - Eviction Notice to End Periodic Tenancy

A Section 21(a) - eviction notice to end periodic tenancy is used by landlords to end an assured shorthold tenancy and commence a no-fault eviction in order to gain possession of a property. LegalNature's step-by-step guidance helps you create your eviction notice quickly and easily.

Our eviction notice automatically informs the tenant of the correct timeframe for vacating. When complete, the eviction notice will have all the required information, including the deadline to vacate, relevant dates and rules on how to properly serve the notice.

LegalNature’s form builder allows landlords to take control of their tenancies by cutting costs associated with using estate agents and management companies. LegalNature can help you get started with your eviction notice in a few easy steps to give you the protection you need today.

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