Section
21
The Housing Act of 1988 section 21, stated that a
minimum of two months notice must be served on a tenant. In 1996 the
Housing Act was amended slightly and under section 98 of the 1996 Housing Act it
is stated that the notice must be served in writing. If you need to go
through the accelerated possession procedure proof of notice is required so you
must give notice in writing.
Service of notice can occur at any time after the
commencement of the tenancy. Do not give notice before the tenancy has
started! However, you must allow the tenant to be in situ for a minimum of
6 months.
Ensure the format of the notice is correct (as below).
All the tenants must be named on the notice especially
in the case of sharers. If you want to be really careful then serve each
individual with notice.
Please note that the serving of notice varies according
to the type of tenancy.
If notice is being served during the fixed term of the
notice then you can do it in any form as long as you give the following details.
1. Name and Address of Tenants
2. Name and Address of Landlord or Landlords if there
is more than one.
3. Address of the property which is being sought for
possession.
4. Date the notice is served.
5. Date possession is required.
6. You must state that possession is being sought under
the Housing Act 1988 section 21 (1) (b) or section 21 (4)(a) - Remember
that if notice is being served during the fixed term of the tenancy then section
21 (1)(b) applies.
The best way to serve notice is to deliver it by hand
or first class mail. If you can, get the tenants to sign and return a copy
to you.
Periodic Tenancies:
These are tenancies that have gone past the fixed term
and are now into "periods". A period being the time the rent is
paid. i.e. every month or every 2 months etc. Notice can be served
on the tenants again you must give at least 2 months notice, but you must ensure
that the notice period brings the tenancy to an end at the end of a rental
period. Therefore, if the rent is paid on the 25th of each month, ensure
the notice will bring the tenancy to an end on the 25th of the month. For
example I receive rent from my tenants on the 25th of each month. Today is
the 30th. I have to give 2 months notice and bring the tenancy to an end
at the end of a rental period. As I have just missed the 25th July I can
give notice to the tenants for possession of the property on the 25th October
2001. If I had thought about it I could have given notice to the tenants
on the 20th of July and had the property back on the 25th September 2001.
Note if the rent is paid quarterly then you can only
give notice to run out at the end of the quarter.
Always keep a copy of the notice served and of any
covering letter.