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 of the tenancy and then specify a date by which
