Thursday, 28 June 2012


A Section 21 notice must be served before possession order will be 
issued by a court.  Possession under this section of the Housing Act 
1988 cannot take place during the fixed term of the tenancy, but the 
notice can be served at any time during the fixed term provided the 
tenant is given a minimum of two months' notice.  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.

The provisions in section 21(1)(b) applying to fixed term tenancies state:

"Without prejudice to any right of the landlord under an assured 
shorthold tenancy to recover possession of the dwelling-house let 
on the tenancy in accordance with Chapter I above, on or after the 
coming to an end of an assured shorthold tenancy which was a 
fixed-term tenancy, a court shall make an order for possession of  
the dwelling-house if it is satisfied-

a)  that the assured shorthold tenancy has come to an end and no 
further assured tenancy (whether shorthold or not) is for the time 
being in existence, other than a statutory periodic tenancy: and

b)  the landlord, or in the case of joint landlords, at least one 
of them has given to the tenant not less than two months' 
notice stating that he requires possession of the dwelling-house."

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