Section 21 Notice: Historical Template

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.