This entry is part 1 of 11 in the series Possible defences - section 21 notices

Introduction

This series is a collection of articles relating to cases and opinion specifically relating to section 21 notices only. There maybe other cases on this website that are applicable so if you have not found what you are looking for, contact us a try searching again

If you are wanting to simply know which section 21 notice to serve and how to serve it, click here. This series is useful if a defence has been raised as to the validity of a previously served notice or for general interest for landlords.

Brief Overview

There are two types of section 21 notice (sometimes referred to as the no fault notice), section 21(1)(b) and section 21(4)(a).

No reason for possession is required to be given when serving the notice.

How the notice should look and the wording it contains depends on when the tenancy was granted and whether the property is in England or Wales. Where the tenancy was granted on or after 1 October 2015 in England, a prescribed form is required. Otherwise, just certain wording is needed.

Section 21(1)(b)

The section 21(1)(b) notice may only be served during the fixed term and has the following basic requirements:

  • At least 2 months in length
  • In writing
  • Must not expire before the last day of the fixed term
  • Prescribed form if on or after 1 October 2015 in England

Section 21(4)(a)

The section 21(4)(a) notice may only be served during a periodic tenancy (including statutory periodic tenancy) and has the following basic requirements:

  • At least 2 months in length
  • In writing
  • Must expire after a date specified in the notice which is the last day of a period of the tenancy if in Wales. This also applies to England if before 1 October 2015
  • Prescribed form if tenancy granted in England on or after 1 October 2015
Series Navigation||The word “on”, “at” or “after” in a section 21(4)(a) notice >>

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