While a landlord has the right under the Housing Act 1988 to get his property back at the end of an assured shorthold tenancy, he/she must serve a notice on his tenant before the tenant has to leave.
The Chairman of the London Association of District Judges stated that 7 out of 10 Section 21 notices are said to be rejected by the courts because they have not been served or filled out correctly. Serving an invalid notice could lead to your possession claim being delayed for 3-5 months, costing time and money, so make sure it is done correctly. Letlink’s resources can help.
How and when to use the Section 21 notice
When an assured shorthold tenancy has naturally come to an end, the landlord will need to serve a section 21 notice if he wants possession of his property back. He must give the tenant at least two months’ notice, however, and the details will differ depending on tenancy type.
Fixed Term Tenancies:
Assured shorthold tenancies are generally granted for a minimum fixed term of six months. The landlord must give the tenant notice in writing two months prior to when he wants the property back. The earliest date of expiry for the notice is the day after the last day of the fixed term. A notice that expires on the last day of the fixed term or any time before will be invalid.
After a fixed term assured shorthold tenancy comes to the end of its initial term, it becomes a statutory periodic tenancy. A period of the tenancy lasts as long as the rent period, and the date of expiry on the notice must be the last day of a period of the tenancy, with at least two months’ notice.