The section 21 notice

The first step in the accelerated possession procedure is to serve a notice under section 21 of the Housing Act 1988 (the 'section 21 notice'). This article will explain the procedure for serving this notice. More information on the requirements for using the accelerated possession procedure can be found here.

When to serve the section 21 notice

The section 21 notice must be given to the tenants at least two months before you intend to repossess the property. If the tenants fail to leave the property at the end of the notice period, then you may apply to the county court for a possession order.

A landlord may serve a section 21 notice on the tenants any time after the tenancy has started to confirm that they intend to repossess their property when the tenancy agreement expires. However, they cannot serve a section 21 notice before the tenancy commences or it will be invalid, nor can they set a date for repossession in the first six months.

The best way to serve a section 21 notice is by hand or post. If you chose to serve the section 21 notice by post, it is recommended that you do so using recorded delivery.

Length of notice

The period of notice that a landlord is required to give to their tenants will depend upon whether they granted a fixed term or periodic assured shorthold tenancy.

a) A fixed term tenancy

A fixed term tenancy will be created for a specified length of time, for example, 12 months. However, if the tenants remain in the property after the fixed term has ended, and they do not enter into a new fixed term agreement with their landlord, then their tenancy will automatically become periodic (see below).

For fixed term tenancies, a minimum of two months' notice must be given of the date that the landlord intends to regain possession of the property. The notice period will commence when the tenant receives the section 21 notice. If you are sending the section 21 notice by first class post, you should allow at least three extra days on top of your notice period to account for delivery time.

b) A periodic tenancy

A periodic tenancy rolls on a specific period such as month to month or quarter to quarter. This arrangement may have been specified at the start of the tenancy or may have naturally arisen by the expiry of a fixed term tenancy. Tenants must receive at least two months' notice of the date that the landlord intends to regain possession of the property. However, a landlord must also make sure that that the notice period will end at the same time as the rental period.

Please note that if rent is paid on a quarterly basis, then your notice period must finish at the end of that quarter.

Further information

If it is necessary for a landlord to start possession proceedings, they will be expected to provide a copy of the section 21 notice that they have served. Therefore a landlord should keep a copy of the section 21 notice as well as any proof that it has been sent to the tenants.

If more than one tenant lives in the property, then a landlord should serve a copy of the section 21 notice on each of them. This is not a legal requirement, but is a matter of best practice, as the landlord will be able to show that each tenant was given the required length of notice.

Please note that when an assured shorthold tenancy has been granted after 6 April 2007 the right to repossession using a section 21 notice is lost if the deposit has not been safeguarded in an authorised tenancy deposit scheme.

What to do next

If any of the tenants fail to leave the property after the section 21 notice expires, you may apply to the court for an order to evict the tenant.