How long a section 21 notice lasts (which has been served in respect of an assured shorthold tenancy) depends on whether the property is in England or Wales and when the original tenancy first commenced.
Contents
Wales (irrespective of when the tenancy commenced)
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 Therefore, once served, a possession order may be obtained any time after it’s expiry unless it has been withdrawn or a new tenancy has been granted since the notice was served.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.
England
Tenancies granted before 1 October 2015
Where a tenancy is granted in England on or before 1 October 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 Therefore, once served, a possession order may be obtained any time after it’s expiry unless it has been withdrawn or a new tenancy has been granted since the notice was served.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.
Tenancies granted on or after 1 October 2015 (or all AST’s from 1 October 2018)
For all tenancies granted in England on or after 1 October 2015 including a renewal, section 21 Housing Act 1988 is amended substantially and a new ‘use it or loose it’ provision is introduced.
Where the rent payable is weekly, monthly or two monthly, court proceedings for possession may not be begun after the end of six months from the date on which the notice was given.
Where the rent payable is greater than 2 monthly (such as quarterly, six monthly or annually), proceedings for possession must not be begun after the end of four months from the date given in the notice for expiry (the date possession is required under the notice).
There were many other changes made to section 21 in England for tenancies granted on or after 1 October 2015 including the prohibition on serving notice until four months into a tenancy and a new prescribed form.
From 1 October 2018, the ‘use it or loose it’ provision will apply to ALL assured shorthold tenancies in England including any that were granted before 1 October 2015 (or went statutory periodic).
A more detailed article about section 21 time limits from 1 October 2015 is available here.
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
My tenants 12month AST with a 6 month break clause commenced on the 12th January 2016
My letting agent delivered a s21(1)b on the 10th June 2016.
What would be the earliest date they would be expected to leave?
I have also requested a copy of the s21(1)b from my agents but they have not responded, was this within my rights to do this?