Customer Service and Ordering
Tel: 0845 217 7565
Available Mon-Fri, 9am-5pm

Landlord & Tenant ShopMinimise Risk with Fully Compliant Letting Forms

HA21SR
Notice Seeking Possession of a Property Let on an Assured Shorthold Tenancy - (2 pages)

Description

This is a notice seeking "no fault" possession of accommodation let under an assured shorthold tenancy (AST) when the AST is created on or after 1st October 2015. The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 prescribe this form for practitioners, landlords and letting agents to use under section 21(1) and section 21(4) of the Housing Act 1988, this form is for use in England only.

The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 prescribe a new form for practitioners, landlords and letting agents to use under section 21(1) and section 21(4) of the Housing Act 1988 in England when seeking "no fault" possession of accommodation let under an assured shorthold tenancy (AST) when the AST is created on or after 1st October in England.

Guidance on completing the form

Further Information ( + show details )

Background Information



1. Under the Housing Act 1988, as amended by the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015, as from the 1st October 2015, if a landlord wants a tenant, who has been granted an assured shorthold tenancy (AST) to leave the property, the landlord is required to serve notice (under section 21(1) and section 21(4) of the Housing Act 1988) on his tenant. This notice is Oyez form HA21*(SR) and should be used when seeking recovery of possession and also details restrictions on the use of the "no fault" eviction procedure for assured shorthold tenancies where a landlord has not complied with certain obligations. This form is for us only in England.

2. HA21SR cannot be used in situations where:-

a. the tenant has lived at the property for less than 4 months;

b. the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015;

c. the landlord has not provided the tenant with a gas certificate, energy performance certificate and a copy of the Department for Communities and Local Government's publication "How to Rent: the Checklist for Renting in England";

d. the landlord has not protected the tenant's deposit under one of the Government's three approved Tenancy Deposit schemes.

3. Although HA21*(SR) replaces Oyez's existing non prescribed forms for recovering possession of a fixed term AST by using HA21 (under section 21(1)(b)) and HA21A (under section 21(4)(a)) of the Housing Act 1988 for ASTs created on or after 1st October, practitioners should note that HA21 and HA21A may still be used for ASTs created before 1st October. However, HA21*(SR) states that "there is no obligation to use this new form for ASTs created prior to 1st October. However, it may still be used for all ASTs."

4. 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.

5. For ASTs created prior to 1st October, there is no obligation to use this form, however it may nevertheless be used for all ASTs.


Frequently Asked Questions

Available Formats hardcopy PDF format View Software


Terms and conditions of sale


Paper Form Pricing

1 copy 2 copies 3 copies 4 copies 5 copies 10 copies 30 copies 50 copies 100 copies
£6.65 £12.70 £18.15 £23.00 £27.25 £54.50 £139.50 £227.50 £445.00

Editorial History

    No information available.


Related items

Other customers also purchased the following related items:

AGREE20
Agreement for Letting a Furnished Dwellinghouse on an Assured Shorthold Tenancy - [AGR2F] [AGR2FD]

Formats:
PDF Format Paper Format Part of CD Software

Code:
01040 : 5004384

+ view options

AGREE19
Agreement for Letting an Unfurnished Dwellinghouse on an Assured Shorthold Tenancy - [AGR2U] [AGR2UD]

Formats:
PDF Format Paper Format Part of CD Software

Code:
01035 : 5004376

+ view options

HA21A
Assured Shorthold Tenancy : Notice Requiring Possession: Periodic Tenancy - [LT20C]

Formats:
PDF Format Paper Format Part of CD Software

Code:
01055 : 5045332

+ view options

HA21
Assured Shorthold Tenancy : Notice Requiring Possession : Fixed Term Tenancy - [LT20B]

Formats:
PDF Format Paper Format Part of CD Software

Code:
01050 : 5045201

+ view options

HA32
Notice Seeking Possession of a Property Let on an Assured Tenancy or an Assured Agricultural Occupancy - [LTA3] Section 8 Notice

Formats:
PDF Format Paper Format Part of CD Software

Code:
01095 : 5045277

+ view options

MISC 1
Statutory Declaration (General)

Formats:
Paper Format

Code:
0 : 5069015

+ view options

L&TPYD
Protecting Your Deposit - [AGRTD1]

Formats:
PDF Format Paper Format Part of CD Software

Code:
01244 : 5059196

+ view options