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Guidance on Serving Notice to End a Residential Tenancy

Guidance on Section 8 and Section 21 Notices

PROP.SP.02

This Guidance on Section 8 and Section 21 Notices looks at the ways a Landlord can obtain possession of property from an assured or assured shorthold tenant.

The Guidance refers to the relevant provisions in the Housing Act 1988 and points Landlords of properties in England and Wales towards the appropriate letters and forms to use. For the avoidance of doubt, the England version of the Section 21 Notice must be in the prescribed form, Form 6A.

This Guidance reflects the legislative changes affecting Residential Landlords (and letting agents) in England under the Tenant Fees Act 2019 and in Wales under the Renting Homes (Fees etc.) (Wales) Act 2019. It has been updated to reflect the extended notice periods provided for in the Coronavirus Act 2020 for Section 8 and Section 21 Notices served up to 31 December 2021 in Wales.  The notice periods in England have reverted to pre-pandemic lengths from 01 October 2021 although the Government retains the power to extend the notice periods again (until 25 March 2022) if the pandemic worsens in England.  

During the current pandemic the courts have introduced temporary arrangements to assist them with possession proceedings during these unprecedented times.  There are currently steps which should be considered prior to issuing a Section 8 Notice.  See our Guidance Notes: Possession Procedure for Rent Arrears (Section 8 of the Housing Act 1988).  

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