Section 21(b) - Eviction Notice to End Fixed-Term Tenancy for England

Assured Shorthold Tenancy: Fixed Term

Housing Act 1988, Section 21 (1) (b)

As amended by the Housing Act 1996

Notice Requiring Possession

(i) Name and address of Tenants

Of: _____________

(ii) Name and address of Landlord

From: _____________
Of: _____________

Date of Expiry: _____________

Information for Tenants

1. If the Tenant or Licensee does not leave the dwelling, the Landlord or Licensor must get an Order of 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. Where there are joint Landlords, at least one of them must give this notice.

3. The length of the notice period must be at least two months and the notice must be given before or on the day on which the fixed term comes to an end.

4. A Tenant or Licensee who does not know if he or she 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 may also be obtained from a Citizens' Advice Bureau, a housing aid centre or a rent office.

Signed: ___________________________ Date: ______________

Instructions for Your Section 21(b) - Eviction Notice to End Fixed-Term Tenancy

Landlords and their agents can use this Section 21 (1)(b) to end an assured shorthold tenancy at the expiry of the fixed term by serving notice before the fixed term ends. The fixed term is the defined amount of time that both parties are bound by the tenancy agreement and is marked by definitive start and end dates.

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 (1)(b) can be served at any point within the fixed term, but the notice must always expire on or after the expiry of the fixed term. The form must give a minimum of two months' notice to the Tenants. There are no limits on how long the notice can be. For example, if the fixed term of the tenancy is for twelve months, the Landlord can serve notice within the first month of the tenancy that would expire on the last day of the fixed term.

It is quite common for a Section 21 (1)(b) to be served as a matter of course, as this will give the Landlord the option to begin reclaiming the property at the end of the fixed term. In the event that a Landlord later decides to allow the Tenant to continue renting the property, the Landlord will not be bound to carry out the eviction.

Important Information

In order to serve any eviction notice, the Landlord must have fulfilled his or her 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 that 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.

Please note that the language you see here changes depending on your answers to the document questionnaire.

Section 21(b) - Eviction Notice to End Fixed-Term Tenancy

A Section 21(b) - eviction notice to end fixed-term 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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