Section 21(1)(b) notice for fixed term assured shorthold tenancy

Section 21(1)(b) Notice

If a landlord wants their property back, a notice requiring possession under section 21 Housing Act 1988 must first be served. The notice must be at least 2 months in length. If the notice is to be served during the fixed term (but must not expire before the end of the fixed term) then a section 21(1)(b) must be served.

Possession notice wizard

Product Description

Product Code: F017 – Last updated July 2013, see tab for changes

If a landlord wants their property back, a notice requiring possession under section 21 Housing Act 1988 must first be served (unless grounds are available for a section 8 notice). The notice must be at least 2 months in length. If the notice is to be served during the fixed term (but must not expire before the end of the fixed term) then a section 21(1)(b) must be served.

However, there are occasions when a section 21 notice may not be served for example if a HMO license is required but not obtained or applied for , or, if a deposit has been taken but not protected or prescribed information given. Therefore care needs to be given before service.

The download link takes you to our special possession wizard to ensure the correct notice is downloaded with instructions on completion.

Version history

### Current version

07/13 – Added in notes section at bottom quote from the case Ratcliffe v Parkes where 21(1)(b) expiry date does not need to be any particular date.

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