Factsheet 29 - Statutory Forms for assured & assured shorthold tenancies under the Housing Act 1988

  

Statutory Notices and Forms for Residential Tenancies

In many cases, landlords are required to serve specific notices before a tenancy can be brought to an end, the rent increased etc.  The more common notices and forms are described below.

Service of Notices:

Statutory notices should be served either by personal service on each tenant or using postal service to each tenant or by recorded or registered post.

Housing Act 1988: Forms & Notices:

The following forms are to be used in conjunction with assured and assured shorthold tenancies under the Housing Act 1988 or related statutes.  There is no prescribed form so the forms are drafted supplied in our own standard format.

Notice Requiring Possession (Fixed Term Tenancy) - Housing Act 1988, section 21(1)(b)

This notice is used in order to terminate an assured shorthold tenancy (AST) held on a fixed term or statutory periodic tenancy (Spencer v Taylor [2013]).

This notice must contain certain prescribed information, and since 28 February 1997, must be in writing.

The notice can be served at any time during the fixed term of a tenancy regardless of whether or not the notice expires during the fixed term or the periodic term, and must provide a minimum of two months' notice.

A prescribed form is required under s.21 for tenancies granted on or after 1st October 2015 - see below for more information.

Notice Requiring Possession (Periodic Tenancy) - Housing Act 1988, section 21(4)(a)

This notice is used in order to terminate an assured shorthold tenancy (AST) held on a periodic tenancy and may be served at any time during the periodic tenancy.

This notice must contain certain prescribed information, and since 28 February 1997, must be in writing.

A periodic tenancy may arise either by agreement, or arises automatically (as a statutory periodic tenancy) at the end of an initial fixed term.  The length of notice given will depend on the length of the period.  For monthly tenancies, at least two months' notice must be given.  (see Letting Factsheet No. 21 for a fuller explanation).

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