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MAKE YOUR FREE Section 21 notice

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How to make a Section 21 notice

Update: Please note that in England there is a temporary ban on housing repossessions until 31 May 2021, bailiffs cannot serve eviction notice on tenants or carry out evictions, except in the most extreme circumstances (eg anti-social behaviour and extreme rent arrears of at least 6 months).

We are recommending that landlords suspend or delay evictions during the Covid-19 pandemic in line with Government Guidance. Due to Covid-19 there is uncertainty on when eviction proceedings will be allowed to recommence. The notice period you set out in this notice may be extended due to changes made by the Government in response to the pandemic. Failure to comply with this extended notice period may result in your notice being invalidated.

We recommend that you not use Rocket Lawyer's eviction notices during this time. You can find an updated Section 21 (Form 6A) Notice on the Government website, which has been changed to reflect new legislation.

Until the 31 May 2021, Act has increased the notice period required for section 21 eviction notices to six months in England and Wales. 

This means that you must give the tenants at least six months notice. If the tenants don’t leave the property by the date specified in the notice, then you can apply to the court for a possession order. You can’t force your tenants to leave without a court order. 

A section 21 is a legal notice informing tenants that their tenancy is going to end and the landlord is going to take repossession of the property. Section 21 notice is commonly known as a ‘no fault notice’.  

As a landlord, there may be times when you need to give your residential tenants a notice to vacate your property. This may be because their tenancy is coming to the end of its term, because you need your property back from a tenant on a rolling tenancy, or when a tenant has breached the tenancy agreement by causing damage or not paying their rent. The correct use of a section 21 notice will help to ensure that a landlord takes possession of their property safely and legally. Protect yourself with this simple eviction notice.

You should use a section 21 notice to gain possession of a rented property let under an assured shorthold tenancy (AST). You can use a section 21 notice (Form 6A) for periodic or fixed term tenancy. You can serve a section 21 in contemplation of a fixed term tenancy coming to an end up to 2 months prior to the eviction date.

Please note that if you plan to serve the notice between 29 August 2020 and 31 May 2021 (in England) or 24 July 2020 and 31 May 2021 (in Wales), you must give the tenants at least six months’ notice under the Coronavirus Act 2020.

If the tenancy is within the fixed term or the initial six months you can use a section 8 notice if you satisfy one of the grounds for it. For more information read Section 8 notice.

For a section 21 notice, you must give the tenant a minimum notice of 2 months. This means the tenant must physically receive the notice 2 months before they have to move out.

Please note that if you plan to serve the notice between 29 August (in England) or 24 July (in Wales) 2020 and 31 May 2021, you must give the tenants at least six months’ notice under the Coronavirus Act 2020.

All tenants and licensees that are protected under the Protection from Eviction Act 1977 will be protected by the Coronavirus Act 2020. 

This includes most tenants in social housing and residential properties and some licensees, but excludes lodgers, holiday lets, and asylum seeker accommodations. 

Other names for a Section 21 notice

Eviction notice, End of tenancy notice.

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