How To Fill In A Section 21 Notice

For those that have been keeping up with my shenanigans, you’ll be aware that I was in the process of serving my tenants with a section 21 notice on the basis that they’re inconsiderate, lousy, no-good, late-paying fools! I’m done with them. I wash my hands of them. Crazy tenants.

The thing about Section 21 notices is that they’re notorious for being completed incorrectly, specifically the section where the landlord/agent fills in the “date of expiry” section. The Chairman of the London Association of District Judges says, 7 out of 10 of these notices are being thrown out of court because they are completed incorrectly. But I imagine in most cases the notice isn’t disputed by the tenant, so it doesn’t get as dramatic as going to court because it’s not an eviction notice like a Section 8, it’s a notice to say, “I want to repossess my property when the fixed term ends, or the fixed term has expired” But then again, I’m pretty sure most tenants wouldn’t appreciate the difference. Either way, it’s important to complete them properly to avoid any delays.

I just want to quickly show you 1) What a section 21 noitce looks like 2) How I completed the Section 21 notice I served to my tenants 3) give others an opportunity to point out any mistakes (if there are any) or provide any additional tips.

To clarify, i’m not offering any legal advice. I’m not telling anyone how to complete their Section 21 notice. I’m merely going to demonstrate how I completed my Section 21 based on my specific circumstances and knowledge, which may or may not help you complete your notice. The last thing I want is a bloody-eyed landlord knocking on my door like the damn Po-leece with their greasy, snake-oil solicitor, trying to prosecute me for giving them duff legal advice. I love you all, and I would embrace every single one of you as my own child, but I wouldn’t put it past anyone of you motherfudgers to try and pull a fast one on me!

I will give you one piece of legal-related advice though. If you’re unsure about how to complete a Section 21 notice and you want to repossess your property as quickly as possible, I would recommend seeking professional advice from a solicitor or a company that specialises in tenant eviction/repossession.

Right, that’s my disclaimer out the way.

I believe there are currently three types of Section 21 notices in England & Wales:

1. Section 21(4)(a) – this is for giving notice during a periodic tenancy in England or Wales. If the tenancy is in England, this notice should only be served if the fixed start date of the tenancy started before October 2015.

2. Section 21(1)b – this is for giving notice during the fixed term of a tenancy in England or Wales. If the tenancy is in England, this notice should only be served if the fixed start date of the tenancy started before October 2015, otherwise use the S21 FORM 6A.

3. Section 21 FORM 6A – this is only for tenancies in England (not Wales) and can be used for all assured shorthold tenancies (i.e. in some cases, you could serve either this notice or 21(4)(a)/21(1)b, depending on the tenancy start date).

All of the above are available to download from here.

Serving a Section 21 notice for a periodic tenancy

The assured shorthold tenancy I’m trying to end is a periodic tenancy in England, and the fixed term started before October 2015, so I’ll be serving the Section 21(4)(a) notice.

Here are the specific details of the tenancy: Fixed term start date: 23rd June, 2011 Length of tenancy: 12 months Date I served notice: 25th October, 2012 Date of expiry of the notice: 22nd January, 2013

Note: the actual notice is longer, but there are no more gaps to fill.

So I have effectively given my tenants just under 3 months notice (assuming they received the notice before 23rd of November 2012) to vacate.

The key points

1. The Section 21 form in my example is specifically for an assured shorthold tenancy in England or Wales that started before October 2015.

2. A valid and enforceable Section 21 notice can only be served on the basis that the landlord has fulfilled specific requirements as part of the Section 21 legislation e.g. secured the tenancy deposit. For more details, go to the main Section 21 Notice post.

3. The tenant is legally required to have a minimum notice of 2 months (so they must physically receive the notice 2 months before the expiry date of the notice)

4. If the notice is served with in the fixed term, but the expiry of the notice (the day of repossession) is during a periodic tenancy, you still need to serve the fixed term section 21 notice (Section 21(1)b)).

5. The date of expiry should NOT be the same day as the “fixed term start date” (typically the day the tenant pays rent), it should be dated before. Many Landlords make the mistake of using the date of the expiry of the Section 21 Notice as being two months from the day they sign it.

Serving a Section 21 notice for a fixed tenancy

Hypothetically speaking, if I wanted to repossess the property while it was still in its fixed period and I wanted the tenant to vacate on the last day of the fixed date, this is how I would serve the notice (Section 21(1)b), based on the following specifics:

Fixed term start date: 23rd June, 2011 Length of tenancy: 12 months Date I served notice: April 7th, 2012 (remember, a minimum of 2 months notice is required) Date of expiry of the notice: 22nd June, 2012

Section 21 notice templates

Section 21 notice templates are available from this website, along with hundreds of other online resources :)

Final reminder

The examples above are based on my specific situation; they’re examples of how I would serve the notice, which means they won’t necessarily apply to your situation.

Does anyone have any additional tips? More worryingly, if anyone spots any mistakes, please let me know! I know many of you will jump at the opportunity.

#Section21Form