A s.21 notice is a form of notice that a landlord must use in order to start the process of ending an assured shorthold tenancy. The s.21 notice will be served on a tenant specifying a 2 month notice for them to vacate the property.
From the 1st October 2018 all s.21 notices must use the prescribed Form 6A and comply with the following rules:
So why is this important? Well informed tenants and their advisers will be checking through any notice they receive carefully to see if they are fully compliant with the above rules. If they are not they will often wait until the 2 months notice required under the notice is expired before alerting the landlord that the notice is flawed, if at all. They may wait until proceedings have been issued as a judge will also be looking to cross check the procedural requirements have been carried out before the possession order is granted and the new claim forms for possession have sections which must be completed certifying compliance with the above conditions for a valid notice.
Tip for estate agents – if you are serving the notices, make sure you have a checklist in place that covers all these points before the notice is sent and get a colleague to cross check all the steps have been undertaken.
If you require any further assistance on serving s.21 notices and the Prescribed Form 6A contact Nicola Davies.