header-logo header-logo

Section 21 or bust?

23 October 2008
Issue: 7342 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Michael Walsh advises on how to avoid s 21 delays

One of the ways a landlord can seek possession of his property let under an Assured Shorthold Tenancy (AST) is by issuing a notice under s 21 of the Housing Act 1988 (HA 1988). A notice can be served under s 21(1) or 21(4), with each being used in different situations. This article looks at the two notices and how landlords can avoid unnecessary delay and a visit to court by complying with some of the strict rules associated with the form of the notices.
Section 21(1) notices

A notice served under this sub-section is subject to fewer restrictions in terms of its content than those served under s 21(4) (which I deal with below). All that this sub-section requires is that the landlord gives the tenant “not less than two months' notice in writing” and that notice must state that the landlord requires possession of the property.

It is common for landlords to serve a s 21(1) notice on their tenants at the beginning

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll