Section 21 Notices

March 17th, 2009

Section 21 of the Housing Act provides landlords of tenants who occupy residential property (pursuant to an assured shorthold tenancy) with an absolute right to possession.  There are however certain formalities which must be observed if a landlord is to be successful in obtaining possession using a section 21 notice.  There is no prescribed form therefore careful consideration must be given to the content of the section 21 notice if it is be relied upon by the landlord when seeking possession.  To complicate matters even further there are two different types of section 21 notice.  Firstly there is notice which is referred to in section 21(1) and the the second as referred to in section 21(4).  It is imperative that your section 21 notices are correct.  Making an error in either of these notices might mean the  difference between being successful in obtaining the possession of your property and failing to do so.