Section 8 notice uk template make your free eviction notice. These grounds include rent arrears, irregular rent payments or damage to a property. Section 21 validity checker a tool for checking whether a notice requiring possession served under section 21 of the housing act 1988 is valid. Notice seeking possession of a property let on an assured. It is necessary to serve a special notice called a section 20 notice, because it was required by section 20 of the housing act 1988 on a tenant, before a tenancy was created, if you wanted that tenancy to be an ast. Whats the housing act 1988 and what rights does it give. There are changes that may be brought into force at a future date. Housing renting privately if you get a section 21 notice. These regulations contain a new prescribed form for the purpose of new subsections 218 and 9 housing act 1988 inserted by section 37. Form 6a notice seeking possession of a property let on an assured shorthold tenancy.
Section 21 of the housing act 1988 as amended by the housing act 1996 requires that the landlord provides tenants of an assured shorthold tenancy ast with a minimum of two months notice in writing, stating that possession of the property is sought. Section 21a provides that a section 21 notice cannot be served at a time when. It complies with section 8 of the housing act 1988 and can be used in respect of an assured tenancy or an assured shorthold tenancy. This legal route may only be used for an assured shorthold tenancy and not for an assured tenancy. A section 21 4a notice requiring possession is a legal document used by a landlord in cases where he wishes to enforce his rights under the housing act 1988 and obtain repossession of his premises at the end of a tenancy this notice may only be used for an assured shorthold tenancy in cases where the tenancy is a periodic tenancy as opposed to a fixed term tenancy. The housing acts of 1988 and 1996 set out the rules that apply to assured and assured. The 9 available prescribed forms can be downloaded below. Periodic tenancy note 1 1 name and to 1 address of tenant of 2 name and from2 address of landlord note 2 of 3 address i give you notice that i require possession of the dwelling of dwelling house known as3 4 date of after 4 expiry. Section 21 of the housing act 1988 specifies the procedure you need to.
Section 21a notice template section 21 notice form. The proposed scrapping of section 21 is to be accompanied by a package of reforms to residential tenancy law, including changes to the section 8 eviction process, which allows landlords to. This is a formal section 8 notice complying with the housing act 1988, as updated by the assured tenancies and. A completed section 21 notice should be enclosed with the letter.
You have served a valid new form s21 notice form 6a, tenancies. Free section 21 notice what is a section 21 notice. Housing act 1988, section 21 is up to date with all changes known to be in force on or before 12 april 2020. A short assured tenancy which existed before 1 december 2017 can continue until the landlord or tenant brings it to an end. Where there is more than one ground for possession, all the applicable grounds should be included on the section 8 notice. Section 21 of the housing act 1988 specifies the procedure you need to follow to legally obtain possession of a residential property let under an assured obtaining possession section 21 notices. Download section 21 and section 8 forms for serving notice to tenants renting under assured shorthold tenancies. Section 21 notices section 21 housing act 1988 notice to. Whats more, landlords now have the ability to increase rents without using the notice procedure, opting instead to do so via a renewal tenancy agreement. Right of possession was given to the landlord in accordance with section 21 of housing act 1988 if property is letting on an assured shorthold tenancy. A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and where certain conditions are met. The landlords claim for possession involves serving notice of his intention to seek possession. The housing act 1988 introduced assured tenancies and assured shorthold tenancies from. You can use a section 21 notice form 6a for periodic or fixed term tenancy.
Section 21 of the 1988 act provides two different mechanisms under which a. Section 21 notice free section 21 notice template uk. Section 21 possession notice section 21 notice, the. If a landlord wants their property back, a notice requiring possession under section 21 housing act 1988 must first be served. In either case, since the coming into force of the 1996 act, the notice must be in writing. You should use a section 21 notice to gain possession of a rented property let under an assured shorthold tenancy ast. Notice seeking possession under section 8 of the housing. A section 21 notice section 21 of the housing act 1988 ha. This form has been changed to reflect new legislation which came into force on 26. Notice under section 19 of the housing scotland act 1988 of intention to raise proceedings for possession. You can download the form as a pdf and print it off.
This form must be used for all asts created on or after 1 october 2015 except for statutory. Section 21 possession notice possession requiring notice is a document that informs the tenants release the property within 2 month since notice given. A different form should be used for properties in england see the england version of this notice also available in this subfolder. Section 2 of the housing act 1988 provides 17 grounds that the landlord may use in order to obtain possession of his property from the tenant. A section 21 notice is the form your landlord must give you to start the process to end your assured shorthold tenancy. If a landlord wants their property back from an assured shorthold tenancy, a notice requiring possession under section 21 housing act 1988 must first be served unless grounds are available for a section 8 notice. Your landlord doesnt need a reason for giving you a section 21. You can serve a section 21 in contemplation of a fixed term tenancy coming to an end up to 2 months prior to the eviction date. Housing act 1988, section 21 1b as amended by the housing act 1996 assured shorthold tenancy.
Prescribed information how to rent guide to be provided. Section 8 notices section 8 housing act 1988 notice to. Housing act 1988 section 21 1 and 4 as amended by section 194 and paragraph 103 of. Housing act 1988 section 21 4 a assured shorthold tenancy. Nov 15, 2012 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. You can use a section 21 notice to evict your tenants either. Form 6a notice seeking possession of a property let on an assured. Landlords applying for possession using the section 21 can ignore this if their tenancy commenced after this date. Solicitor drafted download now section 21 notice template form with expert. This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy ast. Housing act 1988, section 21 is up to date with all changes known to be in force on or before 08 april 2020. Make your free section 21 form 6a notice for england.
Follow the correct process to gain possession of your property safely and legally with this simple section 21 notice. If the notice is to be served during the fixed term but must not expire before the end of the fixed term then a section 21 1b must be served. How will government changes to section 21 affect landlords. Free tenancy agreement download residential landlord. Notice seeking possession under section 8 of the housing act.
This guidance on section 8 and section 21 notices looks at the ways a landlord can obtain possession of property from an assured or assured shorthold tenant. This form has been changed to reflect new legislation which came into force on 26 march 2020 and should be used by landlords in england up to 30 september 2020. This bibliography was generated on cite this for me on monday, may 23, 2016. Section 36 inserts new subsections 4b4e into section 21 of the housing act 1988. Housing act 1988 section 211 and 4 as amended by section 194 and. Form 6a notice seeking possession of a property let on an. When approved by both landlord and tenant, a tenancy agreement is a legally binding document. Under section 21, so long as the initial fixed term is at least six months, landlords are presently entitled to terminate an assured shorthold tenancy ast on two months notice without any underlying reason or fault on the part of the tenant. Section 21 4b prevents service of a section 21 notice in the first four months of the tenancy, or in the case of a replacement tenancy as defined in section 21 7, i. If you get a section 21 notice, its the first step your landlord has to take to make you leave your home. Section 21 of the housing act 1988 provides a landlord with a legal right to obtain possession of his property from the tenant at the end of the tenancy. An act to make further provision with respect to dwellinghouses let on. Section 21 form 6a uk template make your free eviction. If the tenancy is renewing on a contractual basis, this can continue to renew under the housing scotland act 1988 until either the landlord or the tenant bring it to an end.
It is a legal template that enables a landlord to bring a tenancy to an end providing certain criteria are met. A section 21 notice section 21 of the housing act 1988 ha 1988 has been served on a tenant who then leaves the property, but an unknown occupier is living there subletting being prohibited under the tenancy. Section 21 housing act 1988 other bibliographies cite. Landlords have been relying on section 21 to compensate for the many failings of the section 8 faultbased process, which has become too costly and timeconsuming. However, landlords cannot recover possession under section 21 of the housing act 1988 during the first six months of an agreement. Changes to the housing act 1988 clarke willmott solicitors. It also links to two practice notes giving further guidance on the procedure for serving notice upon the. This covering letter for section 21 notice form 6a england can be used by a landlord who is serving a section 21 notice on an assured shorthold tenant of a property in england. Section 8 landlords notice seeking possession wales template. The letter advises the tenant of the practical steps they should take before vacating the property. Notice requiring possession i name and address of tenant. 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. Does it mean that the six months notice could be served at any time during the tenancy.
A section 8 notice is a notice seeking possession of a rented property from a tenant on grounds set under section 8 of the housing act 1988. Section of the housing act 1988 allows a landlord to raise the rent on a periodic assured or assured shorthold tenancy by means of a notice of increase in the prescribed form. Serve a section 21 form if the tenant has not breached the tenancy agreement. Section 21 form 6a this is only for tenancies in england not wales and can be used for all assured shorthold tenancies i. A landlord is prohibited from giving a section 21 notice for six months if they are given an improvement notices under section 11 or 12 of the 2004 act relating to hazards by the local housing authority, or a notice under section 407 of the 2004 act after taking emergency remedial action. A section 21 notice is the legal form used to obtain possession of a buytolet property. Section 21 notices section 21 housing act 1988 notice. Under section 21 of the housing act 1988 as amended by the housing act 1996, a landlord has a legal right to get his property back at the end of an assured shorthold tenancy. Section 21 notice uk template make your free eviction notice.
These are the sources and citations used to research section 21 housing act 1988. The next job for landlords in england is to provide prescribed information which should be given to a tenant at the time of granting a new tenancy and ultimately before a section 21 notice can be served in england. Does section 21 4za of the housing act 1988 override the common law position that, under a contractual yearly periodic tenancy, where the notice period is six months, the notice must expire at the end of the period of a tenancy. Housing act 1988, section 21 1b as amended by section 194 and paragraph 103 of schedule 11 to the local government and housing act 1989 and section 982 and 3 of the housing act 1996. A section 8 notice is also known as a section 8 possession notice, because it operates under section 8 of the housing act 1988. Aug 12, 2019 on 15 april 2019 the government announced plans to abolish section 21 of the housing act 1988. The assured shorthold tenancy notices and prescribed requirements england amendment regulations 2015 prescribe a new form for practitioners, landlords and letting agents to use under section 21 1 and section 21 4 of the housing act 1988 in england when seeking no fault possession of accommodation let under an assured shorthold tenancy. Any improvements to this system need to be in place, properly funded and fully functional before the government even contemplates changes to section 21. If your section 21 notice is valid, your landlord will need to go to court to evict you.
Housing act 1988, section 21 4a as amended by the housing act 1996. Address of dwelling i give you notice that i require possession of the dwelling house known as date of expiry. A landlords notice seeking possession of premises let on an assured tenancy or assured shorthold tenancy ast pursuant to section 8 of the housing act 1988 ha 1988, as set out in form 3 of the schedule to the assured tenancies and agricultural occupancies forms england amendment no. Notice seeking possession under section 8 of the housing act 1988 englandby practical law property litigationrelated contenta landlords notice seeking possession of premises let on an assured tenancy or assured shorthold tenancy ast pursuant to section 8 of the housing act 1988 ha 1988, as set out in form 3 of the schedule to the assured tenancies and agricultural occupancies forms. Changes that have been made appear in the content and are referenced with annotations.
This section explains section rent increases, which applies to periodic tenancies only. The two months starts when the tenant receives the notice not when the notice was writtenposted. Form 6a 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. Most tenants, however, are unlikely to take this step in light of the powers you have, as a landlord, to end the tenancy in accordance with section 21 of the housing act 1988.
Under the housing act 1988, the landlord must give the tenant at least two. Section 21a provides that a section 21 notice cannot be served at a time when the landlord is in breach of a prescribed requirement. Create a form 6a eviction notice online with our free template. An agent of the landlord may give the notice on behalf of the landlord. The guidance refers to the relevant provisions in the housing act 1988 and points landlords of properties in england and wales towards the appropriate letters and forms to use. This article explains how to gain possession of your residential rental property in the most efficient way.
Ending an assured shorthold tenancyby practical law property litigationrelated contentthis practice note gives an overview of the procedures for terminating an assured shorthold tenancy ast under the housing act 1988 ha 1988 and the legal and practical issues that may arise generally. Section 2 of the principal act is hereby amended by the substitution in subsection 1 of the following definition for that of housing authority. In england and wales, a section 21 notice, also known as a section 21 notice of possession or. The at6 form serves as notice under section 19 of the housing scotland act 1988 of a landlords intention to raise proceedings for possession. Does section 214za of the housing act 1988 override the. Make a free eviction notice for your property using our stepbystep interview. New form section 21 notice issued as tenant fees act becomes. In order to invoke this right, he is required to follow the correct legal procedure which involves serving a section 21 notice to quit on the tenant or tenants.
New prescribed section 21 form grl landlord association. A brief summary of the 17 grounds of possession follows. You might be able to challenge your eviction and stay longer in your home. I give you notice that i require possession of this dwelling house. Housing act 1988, section 21 is up to date with all changes known to be in force on or. Following amendments to the housing act 1988 by the deregulation act 2015, new sections 21a to c came into force on 1 july 2015. It gives you notice to leave your home, but its legal for you to stay in your home after the date it expires. Free section 21 notice property hawk online software. Section 21 of the 1988 act provides two different mechanisms under which a landlord can give notice to obtain possession of their property.