Last updated: 20th October'12 at 9:42am

How long does Section 21 notice last?

Posted by on September 23, 2009 in Possession | 2 comments

This entry is part 5 of 9 in the series Possible defences - section 21 notices

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 Therefore, once served, a possession order may be obtained any time after it’s expiry unless it has been withdrawn or a new tenancy has been granted since the notice was served.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 >>

2 Comments

  1. Hi Adrian I have tried to print the suggested letter or copy and paste it but cant do either is it possible to do this Regards Alan Fear

    • Hello

      I have uploaded a word version of the pre action letter and put a link within the article.

      Adrian

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