When you as a Landlord, rent out a property, you should give a Section 21 Notice of Possession Order to the Tenant, which will allow you as the landlord, to terminate an Assured Shorthold Tenancy Agreement in England or Wales at the end of the fixed term. The landlord must serve a Section 21 Possession Notice on the tenant and must give the tenant a minimum of two months’ notice.
When should I service a Section 21 Notice of Possession Order?
A Section 21 Notice can be served at the same time the tenancy is approved. The expiry date on the notice needs to be the last day of the tenancy agreement. The notice is valid for 12 months and can be trusted upon to bring possession proceedings if the tenant fails to leave on the relevant date.
What about a section 21 for Assured Shorthold Tenancy agreements?
In the case of an Assured Shorthold Tenancy Agreement, the landlord is required to show that the tenancy has ended and that the Section 21 notice has been served and has expired. A landlord does not need to establish any ground for possession of the property. If possession is sought by the landlord during the fixed term of the tenancy agreement then it can only be obtained if a breach of contract has been proved. A Section 8 Notice will have to be applied for, in these circumstances.
How can a landlord service the section 21?
You can directly hand it to the tenant in person, post it to the property yourself, or send it by first class post. There is no need for the notice to be sent recorded delivery unless stated in the tenancy agreement.
We would recommend you contact JMR solicitors, as there are certain requirements in regard to the giving of the section 21 Notice, which need to be fulfilled. If these are not followed, the notice will be defective and will result in delay in bringing proceedings for possession.