A Section 21 Notice must be served before an application can be made for an accelerated possession order.
WARNING: The Chairman of the London Association of District Judges says that 7 out of 10 Section 21 Notices are being thrown out of Court because they are wrong. An invalid Section 21 Notice means an accelerated possession claim will fail.
Strict rules apply in relation to the Section 21 Notice - in short, if this is not done properly, then the accelerated possession proceedings will be refused by the Judge and an accelerated possession order will not be made.
Just complete the Section 21 form now and we can draft and serve this Notice on your behalf.
Section 21 notices served during the fixed term of the tenancy
For a fixed term Tenancy Agreement, the Section 21 Notice can be served at any time before the end of the tenancy but the notice must expire on at least the last day of the tenancy. This notice period must be for at least 2 months.
The two months starts when the tenant receives the notice not when the notice was written/posted.
The tenant is not required to give up possession of a property until a minimum of two months after the Section 21 notice to quit was served. This includes Section 21 notices served up until the last day of the fixed term.
Section 21 notices served during a periodic tenancy
Once the fixed term of the tenancy ends, unless a new fixed term is agreed upon, a tenancy automatically becomes what is called a statutory periodic tenancy.
In these cases, a minimum of two months' notice is required to commence accelerated possession proceedings and the day on which the notice expires must be the last day of a period of the tenancy.
The period of a tenancy depends on how often the rent is paid. If rent is paid monthly, the period of the rolling tenancy is one month, if the rent is paid weekly, the period of tenancy is one week and so forth. The periodic tenancy begins immediately after the fixed term expires.
Onus of proof of service of Section 21 Notice
In the accelerated possession procedure, the onus of proof of service of the Section 21 Notice is on you, the landlord. We therefore advise the landlord serves this notice by trusted process servers who will prepare an affidavit of service.
If you would like more information in relation to the Section 21 Notice, please do not hesitate to contact us and a specialist solicitor will be happy to take your call.
Silverman Sherliker LLP Solicitors 7 Bath Place, London EC2A 3DR. t: 020 7749 2700 f: 020 7739 4309 Regulated by the Solicitors Regulation Authority