The Letting Centre

Possession - timing of s21 notice

Question Title: Possession - timing of s21 notice

Question: 338
I have recently had my forms returned by the court when applying for possession under the Accelerated Possession Procedure. The letter from the court stated: 'Your request for an order for possession and costs in the above case is returned because the application is technically flawed, the Section 21 Notice is not valid.' The tenancy was for a term of twelve months commencing on 8th August 2003 The section 21 notice had been dated to expire on the 7th August 2003, the last day of the tenancy. Can you tell me whether the court was correct in rejecting the application - is the notice indeed invalid ?
Answer:
The statutory rules for serving notice under section 21 are far from clear. It is important to realise that the requirements differ depending on whether the notice is being served under s.21(1)b (for fixed term tenancies) or under s.21(4)a (for periodic tenancies). The fixed term tenancy ended on the 7th August 2003, and, therefore, the tenants are entitled to remain in occupation until the end of that day. However, your section 21 notice was dated so as to require possession ON 7th August 2003 implying that the landlord could take back possession anytime during that day. In order to comply with the requirements of section 21(1)b for fixed term tenancies, you should either date the notice so that it is clear that you require possession on 8th August, the day immediately following the end of the tenancy. Alternatively, you could date your notice with wording stating that you require possession 'AFTER 7th August 2003' or 'FROM 7th August 2003' which would have an equivalent meaning in law, and again comply with section 21. In the present situation, you will now be faced with at least a further two months delay as you will need to issue a new section 21 notice.
References:	Pages:	Hyperlinks:
Letting Update Journal	Oct 2003 page 26	letting-update-journal.html
Letting Handbook	Chapter 12	letting-handbook-and-factsheets.html

For more information, discuss on the Forum