Section 21 notice of seeking possession

You can use a Section 21 notice if your tenants have either:

• A written agreement with a fixed term that’s ended
• An oral or written ‘periodic’ agreement (for example, month-by-month) with no fixed end date

If the tenancy started after April 2007, you can only use a Section 21 notice if you put the tenants’ deposit in a deposit protection scheme.

Giving tenants a Section 21 notice

A Section 21 notice must give your tenants at least 2 months’ notice to leave your property.

You either use form 6a if the tenancy started on or after 1 October 2015 or

writing your own notice if the tenancy started before 1 October 2015 – explain that you’re giving notice under Section 21 of the Housing Act 1988

When you must give more than 2 months’ notice

Fixed-term tenants can’t be evicted until their tenancy ends. If the fixed term has expired the notice must end on the last day of the rental period.

So you’ll need to give more than 2 months’ notice if the rental period was more than 2 months (for example, it was paid quarterly).

Form6a: for a no fault possession notice on an assured shorthold tenancy

This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought under section 21(1) or (4) of the Housing Act 1988.

This form should be used where a no fault possession of accommodation let under an

assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.

This form must be used for all ASTs created on or after 1 October 2015 except for statutory

periodic tenancies which have come into being on or after 1 October 2015 at the end of

fixed term ASTs created before 1 October 2015.

The validity period of this form is six months following the date of its issue unless the

tenancy is a periodic tenancy under which more than two months’ notice is required, in

which case the validity period is four months from the date the tenant is required to leave.

• In the first four months of the tenancy (but where the tenancy is a replacement

tenancy, the four month period is calculated by reference to the start of the original

tenancy and not the start of the replacement tenancy – see section 21(4B) of the

Housing Act 1988);

• Where the landlord is prevented from retaliatory eviction under section 33 of the

Deregulation Act 2015;

• Where the landlord has not provided the prescribed information and/or prescribed

documents

• where the landlord has not complied with the tenancy deposit protection legislation; or
• where a property requires a licence, but is unlicensed.

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