Section 21(b) notice: to be served during a fixed tenancy
This notice should be served on tenants where the tenancy was created before October 2015 and where the fixed term has not yet expired.
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This form is only suitable for use where the tenancy was created before 1 October 2015. For tenancies created after this date, use Form 6A instead.
This notice should be used when the fixed term of the tenancy has not yet ended. Given that this term is usually 6 to 12 months after the start of the contract, it is highly unlikely that this form will be suitable for you.
We continue to make this document available for landlords with older AST agreements.
About this notice
A Section 21 notice is the only valid way to end an assured shorthold tenancy, either to regain vacant possession of a property, or for the purposes of arranging a new one with the same tenants.
The form must also be completed in a prescribed format (we explain how to do this in our guidance notes). Your tenant may be able to refuse to leave the property if you don’t serve the notice correctly.
This document is suitable for a landlord:
- who has let his or her property under an assured shorthold tenancy (AST) created before 1 October 2015
- where the fixed term of the tenancy has not yet expired
- who wishes the tenants to vacate the property either as soon as the fixed tenancy ends, or very shortly after
A landlord usually must give at least two months notice to tenants but may give longer. Which notice to serve depends on the timing of giving it, not on the timing of the tenants leaving the property.
You may like to read our article about serving notice to tenants, which explains in more detail the difference between a fixed and a periodic tenancy.
The notice complies with the Housing Act 1988 and the Housing Act 1996.
The fixed term for a tenancy starting on 1 August for six months would expire on 1 February.
If the landlord wanted to serve notice before 1 February (to ask the tenants to vacate either on 1 February, or any time after) he or she should use this s21b notice.
If it is now after 1 February (the tenants have continued to live in the property, and the tenancy has turned into one on a periodic basis), then the landlord should use a s21a notice instead.
Whichever form is used, the landlord must give the tenants at least 2 months notice.
In our example, to have the tenants move out on 1 February, this notice must be served before 1 November, and a s21a notice served on 2 February would end the tenancy on 2 April.
- Recognised by courts: follows the official prescribed format
- Use to end a tenancy and agree new terms with previous tenants (e.g. a rent increase)
- Remains valid indefinitely until a new agreement is signed with the tenants
This document was written by a solicitor for Net Lawman. It complies with current English law.
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