A section 21 notice is the legal form used to obtain possession of a buy-to-let property. Section 21 refers to section 21 of the Housing Act 1988 that brought this notice into being. It is a legal template that enables a landlord to bring a tenancy to an end providing certain criteria are met.
From the 1st of October 2015 a section 21 notice became a prescribed form as a result of the
The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (SI 2015 No. 1646).
Download a FREE Section 21 Notice
Tenancies Pre 1st October 2015:
1. Section 21 (1)(b) – can be used to serve notice whether or not in the fixed term. It can be used for all section 21 notices EXCEPT where the tenancy has been periodic from the start or the tenancy agreement allows a contractual continuation at the end of the tenancy. It does not have to end at the end of a tenancy period.
2. Section 21 (4)(a) – has to be used if always periodic (i.e. no fixed term) or if the tenancy agreement states that the tenancy continues contractually at the end of the fixed term and has to end at the end of a tenancy period
Tenancies Post 1st October 2015:
Standard Form 6(a) which is used regardless of the tenancy and has to give at least two clear months’ notice – This form does not have to end at the end of a tenancy period.
The Housing Act 1996 enables a landlord to obtain possession of their property as of right. All they need to do is to serve a section 21 notice in the correct manner and give the tenant 2 months notice.
From the the 1st of October 2015 you will need to show that you:
There are certain circumstances in which the law says that you cannot seek possession
against your tenant using section 21 of the Housing Act 1988, in which case you should
not use this form. These are:
(a) during 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);
(b) where the landlord is prevented from retaliatory eviction under section 33 of
the Deregulation Act 2015;
(c)where the landlord has not provided the tenant with an energy performance
certificate, gas safety certificate or the Department for Communities and
Local Government’s publication “How to rent: the checklist for renting in
England” (see the Assured Shorthold Tenancy Notices and Prescribed
Requirements (England) Regulations 2015);
(d)where the landlord has not complied with the tenancy deposit protection
(e) where a property requires a licence but is unlicensed.
To get a FREE Section 21 Notice for possession just login to the Property Manager 3.0s.
Add a property and then add a tenancy.
Go to the Forms section.
Select the correct section 21 notice.
Select the appropriate tenancy and then click to create the form.
You can download the form as a pdf and print it off.
The form will be save automatically to your Property Manager account.
The FREE SECTION 21 NOTICE is available within Property Hawk’s free landlord software as one of a selection of free landlord forms required by landlords to manage the letting of their investment property. This includes a free tenancy agreement prepared by Fidler Pepper solicitors.
Be warned, there are a number of other websites that offer free forms, however, some of these websites may not have used a legally trained lettings expert to have prepared them.
Our Property Manager software, automatically fills in the Section 21 Notice form with all the relevant details. It can then be viewed as a PDF and printed off. The form remains stored on the landlord’s account to be viewed or reprinted.
When it comes to re-letting, the landlord needs to create a new tenancy, a process that takes a couple of seconds, then a new Section 21 Notice form can then be generated and a landlord is then able to print off their new set of prescribed information.
Once a landlord has added their basic details by signing up, these are stored by the Property Manager and can be used to pre-populate a whole range of other forms needed by a landlord to manage their lettings business.
Creating a Section 21 Notice should take no longer than 3 minutes. We have timed it! Having done it once it will take you even less time next time around. The other good thing about using the Property Manager is that because it is Internet based you can use it at work……...when the boss isn’t looking! A great time saving manoeuvre!
FORMS FOR LETTING PROPERTY
FINANCE AND TAX ON RENTAL PROPERTY
RENTAL PROPERTY REGULATIONS
FURNITURE AND FURNISHINGS
HMO (HOUSE IN MULTIPLE OCCUPATION)
TENANCY DEPOSIT SCHEME (TDS)
ENERGY PERFORMANCE CERTIFICATES
COMMUNAL HEATING REGULATIONS
INVESTING IN BTL PROPERTY
A GUIDE FOR NEW LANDLORDS
WHICH PERIOD OF PROPERTY
BUYING OFF PLAN
KNOWING THE RISKS
PROPERTY INVESTMENT CLUBS
MANAGING RENTAL PROPERTY
GIVING NOTICE TO LEAVE
NON - PAYMENT OF RENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
FAIR WEAR AND TEAR
MOULD AND CONDENSATION
MAINTENANCE OF A RENTAL PROPERTY
LETTING RENTAL PROPERTY
TEN STEPS TO LETTING
WRITING A LETTING ADVERT
FURNISHING A PROPERTY
LETTING AGENT OR DIY
SELECTING A LETTING AGENT
TENANTS ON BENEFITS
LETTING TO STUDENTS
PREPARING AN INVENTORY
RIGHT TO RENT GUIDANCE
TERMS OF A TENANCY
LENGTH OF A TENANCY
RESPONSIBILITY FOR REPAIR AND MAINTENANCE
TENANCIES IN SCOTLAND
LETTING TO TENANTS WITH PETS
LEGISLATION OF LETTING PROPERTY
TENANCY DEPOSIT DISPUTES
ALTERNATIVE DISPUTE RESOLUTION
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
GROUNDS FOR POSSESSION
PREPARING FOR A POSSESSION HEARING
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS