Top Questions Answered S21
A Section 21 Notice informs the Tenant that the Landlord's requires they vacate and can only be used to terminate an Assured Shorthold Tenancy (AST)
How long must the Notice be?
The Tenant must be in receipt of the Notice for no less than two months - The Notice should typically be dated to expire the LAST day of a rental period, UNLESS the Notice is served in the last two months of the FIXED term.
Why should I issue a Section 21 Notice?
If you do not issue a Section 21 Notice you CANNOT apply to the courts for a possession order. So if the Tenant simply refuses to leave you have no recourse until a Notice has been served and expired. Basically you WILL NOT get possession of your property by lawful means.
Should the Tenants leave at the end of the 12 months AST?
Many Landlords and Tenants amicably part at the end of the tenancy. Many Landlords do not realise that the AST continues in perpetuity until such time as the Tenant's surrenders their possession rights over the property, or the Landlord gains possession through the courts. Many Tenants are equipped with this knowledge and can simply play a waiting game should they wish and live in the premises until removed by a court order.
I hear there are two types of Section 21 Notice, which should I use?
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