Assured Shorthold Tenancy : Notice Requiring Possession: Periodic Tenancy - [LT20C] - (2 pages)
This Housing Act Notice requiring possession at the end of two months can only be used for ASTs created prior to 1st October 2015, and is to be used when the notice was not served by the landlord on the tenant before or on the day on which the fixed period stated in the tenancy agreement came to an end, and is therefore a statutory period tenancy.
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1. Prior to 1st October 2015, when the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015, came into force, under the Housing Act 1988, as amended by the Housing Act 1996, if a landlord wanted the tenant, who had been granted an assured shorthold tenancy (AST), to leave at the end of the period stated in the tenancy agreement, the landlord was required to serve a notice under section 21 of the Housing Act 1988 on his tenant. Section 21 was divided into sub-sections with different rules applying to a notice served during the fixed term of a tenancy (HA21) and notice for possession that was served during a statutory periodic tenancy (HA21A).
2. From the 1st October 2015, the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 prescribed a new form HA21*(SR) to use under sections 21(1) and 21(4) of the Housing Act 1988, for use only in England when seeking "no fault" possession of property let under an AST. Although HA21*(SR) replaces HA21 for fixed terms ASTs (under section 21(1)(b)) and HA21A for periodic tenancies (under section 21(4)(a)), practitioners should note that there is no obligation to use the HA21*(SR) for ASTs created prior to this date, although it may still be used for all ASTs.
3. Form HA21*(SR) must be served before possession action can be started. In the case of joint landlords the notice can be given by any one of them. Notice cannot be served if the tenant has lived in the property for less than 4 months, and assuming that the tenant has not broken any of the terms of the AST from the 1st October 2015 a tenant is entitled to at least of two months' notice. However, if the tenancy started on a periodic basis without any fixed term a longer notice period may be required depending on how often the rent is paid, i.e. if you pay rent quarterly at least 3 months' notice is required, or if the rent is paid half yearly or annually then at least 6 months' notice is required. Extra days should be added if the notice is to be sent by post as the notice period starts when the tenant receives the notice.
4. For ASTs created prior to 1st October, there is no obligation to use this form, however it may nevertheless be used for all ASTs.
5. For Statutory Periodic Tenancies prior to 1st October 2105: Once the fixed term of a tenancy ends, unless a new fixed term is agreed a tenancy automatically becomes a statutory periodic tenancy and the landlord should serve form HA21A on the tenant.
6. The procedure for serving notice under s21(4)(a) is slightly more complicated than a s21(1)(a) notice. A minimum of two months' notice is required and the day on which the notice expires must be the last day of a period of the tenancy. The period of a tenancy depends on how often the rent is paid. Thus, if the rent is paid monthly, then the period of the tenancy is one month. In order to find out what day is the last day of the period in a particular tenancy it will be necessary to refer to the tenancy agreement.
7. The periodic tenancy begins immediately after the fixed term expires, e.g. if the period of the tenancy is monthly and if the first day of the current period is 3rd March then the last day of that period would be the 2nd April and so a notice served during the current period would need to be completed so as to expire on the last day of a period after a further two months, i.e. 2nd June.
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