This entry is part 5 of 15 in the series Possible defences - section 21 notices

For any tenancy granted on or after 1 October 2015 (or for all tenancies on or after 1 October 2018) this article only applies to Wales. For tenancies granted in England on or after 1 October 2015, please see this article discussing changes to time-scales of a section 21 notice introduced by the Deregulation Act 2015.

Section 21 Housing Act 1988 contains no time limit as to when a section 21 notice may be acted upon once expired. Therefore, once served, a possession order may be obtained any time after it’s expiry unless it has been withdrawn or a new tenancy has been granted since the notice was served. This can be compared with a section 8 notice (normally used for rent arrears) which has a 12 month lifetime before a new one would need serving [section 8(3)(c) Housing Act 1988].

We have personally enforced a section 21 notice more than 5 years after service and was successful.

It would be wise for a landlord wishing to act on a notice some time after expiry (for example a year after expiry) to write to the tenant as it might be quite a shock if the first thing they heard was a court letter.

A suggested template letter for notifying the tenant that the landlord intends to act upon a previously served section 21 notice is available in our landlord forms, letters and templates section.

Series Navigation<< No calendar date required in section 21(4)(a) notice||Covering Letter with Notice >>

Pin It on Pinterest

Share This