Section 21 notice meaning

STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel and His Honour Judge Hess with the approval of the President of the Family Division, now replaces and supersedes: Statement on efficient conduct for High Court judge cases (1 February 2016) Statement on efficient conduct for hearings below High Court judge level (11 January 2022) FRC Primary Principles (11 January 2022) FRC notice: electronic bundles (19 April 2022) Allocation of cases to High Court judge level (21 May 2024) This document is being updated to reflect these changes. See News Analysis: Financial Remedies Guide consolidates existing guidance and efficiency statements. The flowchart charts the standard-procedure route to a final hearing after a financial remedy application. It covers FDR directions, open proposals and bundles; Form H1 costs, disclosure, section 25 Matrimonial Causes Act 1973 factors, available orders, and the below High Court judge level efficiency statement. Further resources: Financial provision—practice and procedure—overview;...

FORTHCOMING CHANGES : There are several proposed reforms to the leasehold and enfranchisement framework-see Practice Note: Property key future developments tracker for further details. This Checklist outlines what a tenant must consider and the actions required, with associated timetables and cut-off dates, to collectively buy the freehold of qualifying premises under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It covers service of a section 13 notice of claim; review of a landlord’s section 21 counter-notice admitting or denying the claim and/or resisting it on redevelopment grounds (together with steps where the landlord fails to serve one); and the limits for applying to the First-tier Tribunal (FTT) (or, in Wales, the Leasehold Valuation Tribunal (LVT)) to settle terms if not agreed and/or to the County Court where the contract is not completed within the statutory period after terms are agreed or determined. It also highlights steps required if a landlord fails to serve a counter-notice and the key timetable risks involved. Guidance...

This checklist sets out a clear framework for dealing with a contractual debt claim at every stage: before issue on receipt of a letter of claim, and after issue on receipt of a claim form and particulars of claim. As a debtor facing a threatened or issued contractual debt claim, it can help to be aware of guidance directed at claimants (creditors), namely: Practice Note: Starting a contractual debt claim—a practical guide Starting a contractual debt claim—checklist Responding to a letter of claim Prior to starting court proceedings, the creditor ought to send a letter of claim that explains the debt and gives notice of the intended claim, whether the matter is governed by the Pre-Action Protocol for Debt Claims (the Protocol) or by the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction). The table below identifies the key questions a debtor should ask when considering the letter of claim. If no letter of claim has been received and the...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Flowchart outlines how to end an assured (AT) or assured shorthold tenancy (AST) via section 8 of the Housing Act 1988 (HA 1988), including: service of a section 8 notice issuing proceedings the steps in the case leading to an order for possession Where HA 1988 applies, unless the tenant agrees to leave voluntarily, a landlord may recover possession only by using the procedures in HA 1988, sections 8 or 21, obtaining an order for possession and enforcing it. See Practice Note: Assured and assured shorthold tenancies—terminating. The section 8 process is available where the tenant has defaulted on tenancy obligations (for example, failing to pay rent) or the landlord qualifies for possession on another HA 1988, Sch 2 ground, whether during a fixed...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For insight into how it affects residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. This Flowchart outlines the steps for ending an assured shorthold tenancy (AST) under section 21 of the Housing Act 1988 (HA 1988) via the standard possession route, covering when to serve a section 21 notice, when to issue proceedings, and the procedural milestones up to a possession order. Where HA 1988 governs, unless the tenant chooses to leave of their own accord, a landlord may regain possession only by following the mechanisms in HA 1988, ss 8 or 21, securing a possession order and enforcing it. For more detail, see Practice Note: Assured and assured shorthold tenancies—terminating. Under HA 1988, s 21, a landlord may terminate a fixed-term AST by giving the tenant no less than two months’ written notice, exercising a break clause during the term, or at the end of, or after the...

FORTHCOMING CHANGES : There are proposed reforms to the leasehold and enfranchisement landscape; for more details, see further Practice Note: Property key future developments tracker. This Flowchart is for use on a tenant’s collective enfranchisement claim under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It outlines the steps from service of a tenant’s section 13 notice of claim, covering a landlord’s section 21 counter-notice and deadlines for applications to the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales), and/or the County Court as appropriate. Note 1 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Preparation for a collective enfranchisement claim. Note 2 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Participating tenants and Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Section 13 notice of claim—the...

In this issue: Residential tenancies Key developments and horizon scanning Disputes and remedies Repairing obligations and dilapidations Enfranchisement and right to manage Trespass and adverse possession Contractual issues Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Residential tenancies Errors in section 21 possession procedure documents were not material (Hamer v Levy) In Hamer v Levy [2026] EWCA Civ 662, the Court of Appeal (Civil Division) allowed the appellant to seek permission to appeal, but nevertheless dismissed the appeal. She contested an order that had struck out her challenge to a District Judge’s possession order. The landlord had issued a section 21 notice to obtain possession of the property let under an assured shorthold tenancy. The Court confirmed that any flaws in the section 21 possession documentation were immaterial. It further held there was a procedural...

In this issue: Adjudication Contract law Arbitration Procurement Construction industry news Daily and weekly news alerts New and updated content Construction trackers Adjudication Adjudicator’s fees, payless notices, and the residential occupier’s exception (RBH v James) In RHB Building Contractors Ltd v James and another [2025] EWHC 2005 (TCC), the Technology and Construction Court examined a range of points stemming from an adjudicator’s award. RBH sought roughly £663k and prevailed in a ‘smash and grab’ adjudication. The employer defeated summary enforcement, advancing an arguable case that it was a residential occupier for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996—thought to be the first reported occasion on which this defence to summary judgment has succeeded. The employer had also brought a Part 8 claim and convinced the court that its ‘Notice of intention to withhold payment’ amounted to a compliant payless notice. The court then offered obiter observations on how that...

Switaj v McClenaghan [2024] EWCA Civ 1457 What are the practical implications of this case? The Tenant Fees Act 2019, in force from 1 June 2019, was designed to stop landlords and letting agents adding extra charges to tenants in connection with residential lettings. Save where expressly allowed by TFA 2019, Sch 1, such payments are banned. If a prohibited payment has been demanded and not repaid, reliance on section 21 of the Housing Act 1988 (HA 1988) to obtain possession is precluded (TFA 2019, s 17(3)). This decision considers the scenario where money was taken before the TFA 2019 commenced, and whether it can nonetheless amount to a prohibited payment, thereby rendering a notice under HA 1988, s 21 invalid. The point is important because numerous tenancies that commenced before 2019 involved sums which, while lawful at the time, would today be caught by the prohibition, raising doubt about the availability of HA 1988, s 21 as a route to possession...

This ‘how to’ guide explains how social landlords can serve a notice under section 8 of the Housing Act 1988 (HA 1988) to recover possession of a dwelling in England let on an Assured tenancy (AT) or an Assured Shorthold Tenancy (AST). Social landlords—being private registered providers of social housing—are not yet affected by the reforms brought in by the Renters’ Rights Act 2025 (RRA 2025). It sets out the required form and service of the notice, the grounds for possession, and the practical actions to take once a notice has been issued. For guidance on serving notice to determine an AST under HA 1988, s 21 see Practice Notes: Social sector tenancies—how to serve a section 21 notice, Quick guide to terminating Assured and Assured Shorthold Tenancies and Assured and assured shorthold tenancies—terminating—Section 21. For guidance on how to serve a section 8 notice for private sector landlords, see Practice Note: Private sector tenancies—how to serve a section 8 notice. Check the form of notice The section...

General rule Where someone seeks compensation for personal injury arising from negligence, nuisance, or a breach of duty, they have two years from either the date the cause of action arose or the injured person’s date of knowledge, whichever occurs later (section (3)(1) of the Statute of Limitations (Amendment) Act 1991 (Ireland) (SLAA 1991 (IRL)) Date of knowledge In some personal injury claims, harm may have been sustained without the individual realising it, so they would not initially consider bringing proceedings. The two-year limit measured from the ‘date of knowledge’ therefore allows a plaintiff two years from the point they know they have been injured to commence a claim. Under SLAA 1991 (IRL), s 2(1), the ‘date of knowledge’ is the date on which the person first knew: that the person said to have been injured had in fact suffered injury that the injury was of a significant nature that the injury was caused, in whole or in part, by the act...

Application to set aside a statutory demand served on an individual This Practice Note summarises the appropriate court or tribunal for issuing proceedings across common property dispute applications, such as setting aside statutory demands; opposed and unopposed Landlord and Tenant Act 1954 lease renewals; interim rent; assured and assured shorthold tenancy possession; light obstruction notice procedure; forfeiture; lease extensions and collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993 and Leasehold Reform Act 1967; boundary disputes; appeals from party wall awards; trespasser (squatter) possession and/or injunctions; enforcement of possession orders; Electronic Communications Code matters; modification of restrictive covenants; service charge dispensation; terminal dilapidations; proceedings for unreasonable withholding of consent; and rent review arbitration appeals... Type of PD application — Court/Tribunal — Authority — Further detail Application to set aside a statutory demand served on an individual — County Court, or in certain circumstances the High Court. County Court: The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 10.4(4), 10.11,...

Notice to complete Under: Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407, Schedule 2 Paragraph 8 , and Leasehold Reform, Housing and Urban Development Act 1993 Flat: [ insert address and description of the property ] (the Flat) To: [ insert full name of the recipient (landlord or tenant) ] of [ insert address ] ([ Landlord OR Tenant ]) Given by: [ insert full name of person giving the notice (landlord or tenant) ] of [ insert address ] ([ Landlord OR Tenant ]) This notice follows a section 42 notice of claim in relation to the Flat dated [ insert date in its full format DD-Month-Year ] and a section 45 counter-notice dated [ insert date in its full format DD-Month-Year ] under that Act: The draft lease is [ approved OR deemed to have been approved ]; and You must complete and accept the grant of the lease of the Flat in the approved form on...

Notice designating an Early Termination Date following a Credit Event Upon Merger/Additional Termination Event/Tax Event Upon Merger where Burdened Party is not Affected Party [ Insert Lead-in Language ] We hereby give notice that the following matters have occurred: [ Set out, with an appropriate level of specificity, the facts and circumstances that result in the Credit Event Upon Merger/Additional Termination Event/Tax Event Upon Merger in which the Burdened Party is not the Affected Party, and identify the Affected Transactions. Your explanation should be detailed enough and expressly linked to the relevant wording of Section 5(b) or the Additional Termination Event provision so that the counterparty can reasonably understand the basis for your determination. ]...

FORTHCOMING CHANGE : Royal Assent was granted to the Renters’ Rights Act 2025 on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. How to use these drafting notes If a private landlord has given an assured shorthold tenant a notice under section 21 of the Housing Act 1988 (HA 1988), a possession claim can be brought using Form N5 where the standard, rather than the accelerated, possession procedure is used. These drafting notes are intended solely for completing Form N5. The claim form should be issued once the section 21 notice has been served and has expired without the tenant leaving the property. For further guidance, see Practice Note: Assured and assured shorthold tenancies—terminating...

In such situations, if a tenant declines to grant the landlord entry to examine the premises, this amounts to a breach of the lease terms, as the lease contains a provision giving the landlord the right to enter the property for inspection, following a stated period of notice thereafter...

When the fixed term of an assured tenancy (including an assured shorthold tenancy) ends and the tenant remains in occupation, a statutory periodic tenancy arises under section 5(2) of the Housing Act 1988. To end that statutory periodic tenancy, the landlord may proceed using either the section 8 or section 21 route. The section 21 option is usually preferable, as no grounds need to be proven, unless the landlord cannot meet the pre-conditions for serving a section 21 notice. In those circumstances, a section 8 notice can be used, provided the landlord can rely on one of the specified grounds. For fuller guidance, see Practice Note: Assured and assured shorthold tenancies—terminating, particularly the sections ‘Method of landlord termination’, ‘Section 8’ and ‘Section 21—pre-conditions to service’...

In England, landlords cannot serve a section 21 notice while they are failing to meet prescribed regulatory duties, as set out in section 21A(1) of the Housing Act 1988 (HA 1988). Where any such duty is breached, service is barred. The rules currently in effect are the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646. Compliance requires the landlord to supply the tenant with: an energy performance certificate, under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118; a gas safety certificate, under the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451; and a copy of ‘How to rent: the checklist for renting in England’, published by the Department for Communities and Local Government as required...