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SECTION
21 NOTICE:
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.
| Example of Format For Notice: please feel
free to copy. |
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HOUSING ACT 1988, Section 21
(1)(b)
as amended by the HOUSING
ACT 1996
Assured
Shorthold Tenancy: Fixed Term
Notice
Requiring Possession
(i) Name and address of
tenant: TO:
OF:
(ii) Name and address of
landlord: FROM:
(Note B)
OF:
I give you notice that I
require possession of the dwelling house known as:
____________________________________________________________________________
(iii) See Note C
ON:
Signed..................................................................Dated:_______________________________
(iv) Name and address to
be
Landlord's Agent:
completed when notice is
served Address:
by agent.
NOTES
A. On or after coming to an
end of a fixed term assured shorthold tenancy, a court must make
an order for possession if the landlord has given notice in
writing
B. Where there are joint
landlords, at least one of them must give this notice.
C. The length of the notice
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.
INFORMATION FOR
THE TENANTS
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1. If the tenant
or licensee does not leave the dwelling, the landlord or
licensor must get an order for possession from the 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.
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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. He should
also be able to obtain information from a Citizens' Advice
Bureau, a Housing Aid Centre or a rent officer.
SIGNED BY THE
TENANTS__________________________________________DATED:_________
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print simply highlight all the text and select file, print,
selection. |
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