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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By John Naylor 21 February 2016
I always find your documents easy to use and the fact that they come with clear explanations of how to complete them is a bonus. I'm glad you explained the importance of the date of expiry and how to calculate it as this sort of information is invaluable if it proves necessary, as it usually does, to go to Court.
By Pat Wheway 09 March 2015
I have used the service once before, but needed a different notice on this occasion. Very basic in terms of complexity of notice. Guidance clear and concise.
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By MARY CHRISTINA MURPHY 22 August 2013
Very convenient and inexpensive. Would have appreciated further details concerning date to be included.
Net Lawman responds 23 August 2013
We have taken this on board and will make the notes clearer.
By Richard Voaden 15 June 2013
Very useful also explanatory notes were helpful.
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By Mrs Cavanagh 14 July 2014
I found it very hard to delete what was needed I am not a whizz on computer but 5 people tried and failed an easier format would be better
Net Lawman responds 15 July 2014
We send our documents in docx format - the standard for Microsoft Word versions 2003 onwards. We chose this format because many word processing applications can read and edit it, including WordPerfect, Mac Pages and OpenOffice (which is free to use).
If you need the document in another format, please just ask and we will try our best to convert it to that format.
By Cinzia Pereira 28 June 2013
Ridiculous cost for not even a full page - doesn't even have anything showing it is a legal document.
Net Lawman responds 02 July 2013
This is a statutory form - prescribed by law. If it is to serve its purpose, it has to use those exact words. Change or add to them and you could invalidate the document.
You could, if you wished, include a covering letter (or e-mail) to the tenant explaining the notice. However, this is not necessary as a matter of law. Serving the notice by itself is sufficient.
When you buy a form from us, you are not buying something you could have obtained free, but rather the knowledge we give you, how to complete the document with confidence. Your property is worth considerably more than the price of our advice and help. We suggest that without that advice, the risk of a very expensive error is far greater.
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