A section 21 notice is NOT a Notice to Quit – it is merely a “Notice Seeking Possession” which informs the tenant that the landlord is seeking possession, and may go to court if necessary. CORONAVIRUS UPDATE . Protection from Eviction Act 1977: www.legislation.gov.uk/ukpga/1977/43 An Assured Shorthold Tenancy is common if you are rent out your property through an estate agent, local council or direct to the tenant. Assured Shorthold Tenancy Agreements - Notice Periods; Assured Shorthold Tenancy Agreements - Notice Periods. These agreements can be ended by the landlord serving a Section 8 or Section 21 notice. Can a landlord or tenant take action against a trespasser? Remember: Landlords of assured shorthold tenants don’t always need to prove grounds for eviction. Where the tenancy is for a fixed term, or periodic term, of three years or shorter, the assured tenancy or AST can be created orally. This website uses cookies to improve your experience. ASTs can be either a fixed-term contract, for example 6, 12, 18 months etc, or a periodic tenancy from the start, that is, monthly, weekly or 3-monthly etc, depending on what the agreement says. In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. A landlord may be found guilty of a criminal offence for unlawful eviction, harassment, or even assault, for which other penalties exist, if they ignore the rules and take the law into their own hands. An AST depends on tenants living in the property as their only and main residence; otherwise there is no Housing Act protection and the tenancy (which is then a common law tenancy) can be summarily ended with a notice to quit and a court application by the landlord. With section 8 the outcome is much less certain and there is always the possibility of a defence or counter-claim by the defendant (tenant). If the tenant does not leave on or before the Possession Order date, then the landlord must enforce the order by applying for a Warrant for Land – a Warrant for Possession. An AST can be for any duration, but there is a minimum length of 6 months during which time the tenant cannot be evicted under the shorthold ground – Section 21 of the 1988  Act. See Notice to quit: Tenants for more information. [4] paras 2, 2A, 3, 3A and 3B, Sch.1 Housing Act 1988. Notice to Quit Introduction. Housing Act 1988 – Assured and Assured shorthold tenancies. Save my name, email, and website in this browser for the next time I comment. Not all landlords stick to the statutory requirements on tenant’s notices and most will accept one month’s notice at any time, though tenants should be prepared to meet the full notice period. All this depends on the workload of the local court. Where residential accommodation is let on an assured shorthold tenancy (or a non-shorthold assured tenancy), legally the landlord can only end the tenancy by obtaining a court order for possession. If you tenant owes as much rent as you say you should be able to request the housing benefit is sent to you directly. Nine times out of ten it is the tenant who gives notice. For landlords and tenants its very important to follow the rules exactly as the law requires, otherwise costly delays are likely. Section 21 Notice Our solicitor prepared Section 21 Notice is used to end a residential Assured Shorthold Tenancy either before or after the initial fixed term has ended. This means that the tenancy periods are based on Calendar months and run from the day after the fixed term ends. There is also the matter of a formal check-out procedure and a landlord’s reference: if the tenant is likely to be applying for another tenancy, it is very likely the new landlord will approach the old one for a reference. Of the three, this is the most common situation. The article above describes changes to notice service and with over 6 months worth of arrears you now only need to serve 4 weeks notice under section 8 ground 8. These guidelines are based on English law and are not a definitive interpretation of the law, every case is different and only a court can decide, so seek expert advice. Assured Shorthold Tenancy Agreements - Notice Periods ... the notice period will be 6 months. Fixed Term and Periodic Tenancies When a tenant is in arrears, landlords and agents should follow a strict protocol as set out in the Housing Acts and the Civil Procedure Rules. However, if the contract stipulates a formal notice period then the tenants should comply with this. Most tenancy agreements in England are assured shorthold tenancies (AST)s. If your tenant has signed an AST, you can currently take back your property without giving a reason by serving a Section 21 notice – sometimes called a no-fault eviction. Furthermore, as the Government are considering abolishing Section 21 notices, this may not be an option in the future. This was confirmed in Hammersmith and Fulham LBC v Monk [1992] 1 AC 478. If your tenants are on an Assured Shorthold Tenancy (AST), and you want to give them notice to vacate at the end of the tenancy you should serve a Section 21 notice. Schedule 2 – Grounds for Possession: www.legislation.gov.uk/ukpga/1988/50/schedule/2 A landlord or tenant may be willing to accept early surrender, or agree to do so with compensation – a cash settlement. This is a legal notice letting the tenants know that you wish to take the property back. Even when tenants are in arrears, they still have security of tenure until the tenancy is ended legally and landlords are obliged to continue to carry out their obligations under the law, such as repairs and maintenance. When a tenant gives notice to quit, they must give the right amount of notice and the correct end date for the tenancy which must be the first or last day of their rental period. 1 and Transitional and Saving Provisions) Order 2015; with effect from 1 October 2018, see also s.41(3) Deregulation Act 2015. If the tenancy Is an Assured Shorthold Tenancy, then when the minimum term expires, the tenancy will continue due to statute. A fixed term tenancy gives both landlord and tenants long-term security: the landlord knows that rent is due for a full term and the tenant has security of tenure for that length of time. If a landlord wishes to regain possession before the end of the agreed term, this may be possible if he can show certain conditions have been met. The period in which possession proceedings may be brought on a s.21 notice has been extended from 6 months from date of service to 10 months from date of service. [5] s.15A Housing Act 1988, as inserted by s.6 Prevention of Social Housing Fraud Act 2013; in England, in force with effect from 15 October 2013 under the Prevention of Social Housing Fraud Act 2013 (Commencement) (England) Order 2013 SI 2013/2622. Last updated So in your case, your notice cannot be less than one month and will be between one and two months depending on when in the month you serve it. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. From a landlord’s point of view leaving the tenancy to lapse into a periodic tenancy is less disruptive to the arrangement and will encourage tenants to stay on as long as possible. This notice pre-informed the tenant that they were entering an AST, and without this notice (and proof of service) landlords cannot evict pre-Feb97 assured shorthold tenants using the s21 procedure. A Section 21 notice, if available, may be served in order to bring the tenancy to an end, and then the property can be re-let to a new tenant. If the landlord has not served a Section 21 Notice to bring the tenancy to an end, an assured shorthold tenant is allowed to remain in occupation of the property after the end of the fixed term of his tenancy. This notice period MUST end on the last day of a tenancy period, in other words giving one clear and full tenancy period’s notice. the period of the tenancy for which rent was paid had not expired. Provided the Notice was served correctly then Courts, in theory, have no discretion and have to grant a possession order. Where there is a joint tenancy, one joint tenant may end the tenancy by serving notice to quit on the landlord. This is usually one month (rent paid monthly) or a minimum of 28 days when the rent is paid weekly. This practice note gives an overview of the procedures for terminating an assured shorthold tenancy (AST) under the Housing Act 1988 (HA 1988) and the legal and practical issues that may arise generally. Notice required to end a tenancy. Applying for the bailiff to attending involves another court fee and it can take several weeks before the bailiff can attend, depending on the workload of the local court. The date after which possession is required should be specified in the notice, and all notice types must give at least two months’ notice from the date the notice is served on the tenant to its expiry. In the case above for example, if the tenant decided to give notice on the 5th of March, the notice expiry date would be the last day in April – 28th or 29th of April depending on whether it’s a leap year or not. Those prior to 28 February 1997 were op-in agreements where a section 20 notice was required. If, as a tenant, you exercise a break clause, you will not need to serve any additional notice, and the tenancy will end in accordance with the terms of the break clause. For example, the rent is paid up-to-date and the notice is served within a specific time frame. We use cookies to give you the best possible experience on our website. [2] If the tenant remains even a day longer than the last day of a fixed-term tenancy, a statutory periodic assured shorthold tenancy will arise, which the tenant can end by serving a valid notice to quit. The end of tenancy notice is a solicitor approved notice letter for ending an assured shorthold tenancy in England. S21 notices are valid for 6 months from the date of service. Tenants will often leave of their own accord at or before the expiry of the notice period – a minimum of 2 months’ notice with s21. To end a periodic tenancy, tenants must by law give one clear tenancy period’s notice in writing. Podcast: Is evictions mediation REALLY worth it? Their only or principal home On the death of a sole assured shorthold tenant his The general rule is that the tenant can leave on the last day of a fixed-term tenancy without giving notice, and this will end the tenancy. 1 – The landlord does not need to give any reason as to why s/he wishes to terminate the tenancy, does not have to proove any breach of contract or offer up evidence of this. Periodic Assured Tenancy: The Housing Act 1988 states that it will pass to the spouse (if there is one). - Answered by a verified Solicitor. It's important to be aware that if you end your tenancy it ends for everyone. Transitional arrangements prescribe the situations in which the pre-existing legislation repealed or revoked by the Act still applies. If a tenant stays on after the fixed term (even for one day) the tenancy automatically becomes a Statutory Periodic AST, unless the tenancy agreement states that it will become a Contractual Periodic Tenancy (CPT). The tenant is entitled to receive a written agreement by law if requested of the landlord (or their agent) within 28 days of the start of the tenancy. No date is given in the Section 8 Notice by which the tenant must leave – it is not in itself a notice to quit, but a notice giving a period before which possession proceedings cannot start. In other words in England a landlord must not harass or evict a tenant from a property without gaining consent through the courts. A tenant can end a fixed term tenancy by: A surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. Where a property is rented under an assured shorthold tenancy to a sole tenant and that tenant dies, the death of the tenant does not automatically bring the tenancy to an end. 2 – Providing a written tenancy agreement exists, the Accelerated Possession Procedure can be used which means the claim is a paper procedure and no court hearing is required. How much notice does a landlord have to give a tenant under an assured shorthold tenancy before he or she can apply for a possession order? December 8, 2020, © Shelter 2020 This is a mandatory document for any landlord wishing to regain possession. To do this, all of the following must apply: 1. they’ve protected your deposit in a deposit protection scheme 2. they’ve given you at least 2 months’ written notice that they want the property back (‘notice to quit’) and the date you must leave 3. the date you must leave is at least 6 months after your original tenancy began (the one you had on first moving in) 4. you have a periodic tenancy – or you have a fixed-term tenancy and your … Neither the landlord nor the tenant is under any legal obligation to do this and both can insist on enforcing the contract to the end of the term. Most tenancies in the private rented sector are assured shorthold tenancies. A landlord’s only break clause would be deemed unfair and unenforceable. This will be an assured shorthold tenancy agreement in which the law provides certain rights to tenants which cannot be taken away. Only tenants that moved in before 1 December 2017 may still be on aN assured tenancy. There are articles on this process and downloadable notices with guidance elsewhere on the LandlordZONE® website. Ending a Tenancy Early As with other assured tenancies the landlord can serve a notice of seeking possession (NSP), specifying the ground(s) on which possession is being sought (see the pages Notices: Assured tenancies for further information). The Section 21 Notice can be served at any time. Expert support. Assured Shorthold Tenancy Agreement Template. A Section 21 notice to quit can only be used to regain possession of a property at the end of an assured shorthold tenancy. This can only be achieved by negotiation and agreement between the parties. The notice document allows you to … There is no need for landlords to give a reason to the court but s/he must be able to show that the tenancy is an assured shorthold tenancy and that the correct Section 21 Notice to Quit has been served. Posted on: ... other tenants and landlords will have entered into agreements during the notice period and will have signed a new tenancy agreement that will begin as soon as the old lease ends. This may be a tenant’s break or both a tenant’s and landlord’s break. [3] Guidance on Unfair terms in tenancy agreements, Competition and Markets Authority (formerly Office of Fair Trading), 2005, para 3.78 (archived). The assured tenancy will then continue indefinitely unless either the tenant serves a valid notice to quit, or the landlord lawfully evicts the tenant by following the correct legal procedure. If you are an assured shorthold tenant, your landlord does not need a reason to end your tenancy and can do so by using the ‘section 21’ or ‘no fault’ procedure.To do this your landlord must give you a ‘section 21 notice’, which must be in writing and give you at least 2 … There are three types of Section 21 notice: (1) a Fixed Term s21(1)(b) and a Periodic s21(4)(a) notice, and for tenancies which commenced after 1st October 2015, the 6A notice covers both fixed term and periodic tenancies – make sure you serve the correct notice. The Disability discrimination page has information relevant to disabled tenants. In the case of an assured shorthold tenancy this will also happen, however in this situation the landlord is able to easily end it by serving a section 21 notice (see the act for further details). D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house. 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