Factsheet 1 of 3 Section 21 notices: procedure

This factsheet Your landlord does not need a reason to end nn any fixed-term agreement you have has your assured shorthold tenancy (AST) but ended – unless there is a break clause looks at how your they must follow the correct procedure. The in your agreement that allows your private landlord first step is for your landlord to give you a landlord to do this earlier, and section 21 notice. can end your nn the notice period in the section 21 notice assured shorthold has expired (at least two months). How much notice you must be given tenancy using the A section 21 notice must give you at least If your AST started or was renewed on or ‘no fault’ procedure two months’ notice. after 1 October 2015 your landlord must in section 21 of the start court action within 6 months of the If your tenancy started before 1 October date you received the section 21 notice. If . 2015 and you’ve never had a fixed-term AST they leave it any longer your landlord must (eg for six or 12 months) the notice must also: give you another section 21 notice.

nn say on it that it’s being issued under Will the court order possession? section 21 of the Housing Act 1988 Many landlords apply for a court order nn end on the last day of a tenancy period to evict tenants without the need for a (usually the day before your rent is due). court hearing. This is called the accelerated What does the notice look like? possession procedure. See the factsheet ‘Section 21: accelerated procedure’ A section 21 notice must be in writing. Your for details. name and the address of your tenancy must be set out on the notice. If you are a joint You will always be sent a defence form by the tenant your landlord can give the notice to court. Complete and return this within 14 any of the joint tenants. days of receiving it if you don’t think your landlord is entitled to evict you. See the If your AST started or was renewed on or factsheet ‘Possession proceedings: going to after 1 October 2015, the section 21 notice court’ for more information. must be on special Form 6A headed ‘Notice seeking possession of a property let on an Not all section 21 notices are valid. Assured Shorthold Tenancy’. Sometimes the landlord makes a mistake, and sometimes the law says that the landlord For all other ASTs no special form is needed. can’t use a section 21 notice to end an AST. Giving you a letter setting out the right See the factsheet ‘Section 21 notices: amount of notice is acceptable. restrictions’ for more information on this. When you can be given notice If the court orders possession If your AST started or was renewed on or If the court makes an order for possession after 1 October 2015 your landlord must and you do not leave on the date in the order, wait at least four months from the start of your landlord must apply again to the court your original tenancy before giving you a Registered charity in and (263710) for a warrant for a bailiff to evict you. and in Scotland (SC002327). section 21 notice. Otherwise your landlord can give you a section 21 notice at any time. Get advice if your landlord tries to evict you without using a court bailiff. When the notice expires You do not have to leave when the notice period ends. If you stay after the notice ends Further advice your landlord must apply to the court for a You can get further advice from Shelter’s possession order. Evicting you without a free* housing advice helpline (0808 800 Note court order is illegal. 4444), a local Shelter advice service or local Information contained in this Citizens Advice office, or by visiting factsheet is correct at the time of When your landlord can apply to court england.shelter.org.uk/housing_advice publication. Please check details before use. After giving you a section 21 notice your *Calls are free from UK landlines and main landlord can apply to the court for a mobile networks.

May 2018 possession order when: