Taking Possession Of Your Property – Section 21 Notice To Quit

January 10, 2010

in Property

A section 21 notice to quit is a notice that is generally given by the landlord to a tenant to get possession of the property at the end of an AST or small hold tenancy. This notice can be used at any time and the landlord does not need to provide a reason for ending the tenancy.

There is a set of procedures you will need to follow in order to legally use the section 21 notice. There are two different parts of section 21 notice as there is a section if the tenant is in a small term rental contract or if the tenant is in a periodic rental period.

There are several different subsections of the section 21 notice and contains different procedures depending on whether the fixed term is finished or before the fixed term has finished, or if the fixed term tenancy as become a periodic tenancy.

If the landlord wants to issue a section 21 notice before the fixed term has finished then they will need to provide the tenants with at least two months notice, in writing that details that possession of the property is sought. This two month period starts when the tenant receives the notice not when the notice is posted.

If the period of tenancy is for a fixed term then the landlord must wait until the end of that period before they can take possession of the property. For a periodic tenancy this time date of possession can be the end of the rental period, though a time period of two month notification is still needed. It is vital that you follow the procedures correctly otherwise you may have problems if the tenant should contest the notice.

The section 21 notice is only for gaining possession and the landlord cannot get repaid for hurt to the property of overdue rent. There are other additional forms that must be filled out for these matters. You can find a full list of procedures online.

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