Under the Housing Act 1988, a landlord who has granted an Assured Shorthold Tenancy has a legal right to get his property back at the end of the tenancy. In order to invoke this right, he is required to follow the correct legal procedure which includes serving a Section 21 Notice on his tenant, giving the tenant a minimum of two months' notice. Therefore the notice is actually served before the end of the term and can be served at any time during the tenancy. A Section 21 Notice may be served by post or in person. If sent by post, extra days should be added as the two month period starts when the tenant receives the Notice.
The definition of a Notice Month is a calendar month. Tenancy agreements run from a day in one month to the day (date) before in another month. For example, a six month tenancy signed on the 5th March (5th day of March) will end on the 4th day of September, AFTER which day a landlord will seek possession. The Section 21 process is a claim for possession only. If the tenant is in rent arrears or has caused damage to your property you are still entitled to sue the tenants but you will have to take a separate course of action to get your money back.
If you need any further advice on serving a Section 21 Notice, our partners at Landlord Assist will contact you to see how they can help. Your initial consultation will be free. Just complete the form below
