Free Section 21 Notice
How do landlords get a FREE section 21 notice?
Landlords who are registered users of Property Hawk can download a section 21 notice for FREE.
To get a FREE Section 21 Notice for possession just login to the Property Manager 3.0s.
The Property Manager software will automatically fill the section 21 notice with all the relevant tenancy details. You can then view your Section 21 Notice as a PDF, download it, email or print it off. The section 21 Notice remains stored on the landlord’s account to be viewed or re-printed at any time.
Getting the Section 21 Notice.
Creating a section 21 notice should take you no longer than 3 minutes. We have timed it.
Having done it once it will take you even less the second time around.
Remember a landlord will require a minimum of 3 copies of the section 21 notice for use during the formal application for possession. To create a section 21 notice once you have registered and signed in to the Property Manager just:
- 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.
- Who created the form?
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.
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.
What is a section 21 notice?
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).
When should a landlord use a section 21 notice?
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:
- Have given the tenant a how to rent booklet
- Have presented the tenant with a valid EPC
- Given the tenant the prescribed information regarding how their tenancy deposit is held (if one is taken)
- Protect the deposit with one of the approved Tenancy Deposit Schemes
When a landlord CANNOT serve a section 21 notice
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 legislation; or
(e) where a property requires a licence but is unlicensed.
We have looked in detail at the alternative methods of obtaining possession using fault based possession using a section 8 notice and have looked at using a section 21 notice versus a section 8 notice as a way of obtaining possession of your rental property.