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Free Section 21 Notice

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).

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.

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.

How do landlords get a FREE section 21 Notice?

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.

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.

The advantages of using Property Manager

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!

More guidance on section 21 notices and gaining possession:

Should I serve a section 21 notice at the start of a tenancy?
Possession : section 21 notices
What is the timetable for the section 21 notice process

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