Section 21 - Pre and Post 1st October 2015

Section 21 notices as we know them come from the Housing Act 1988, the 2 type generally known are Section 21(4)(a) and Section 21(1)(b).

It was widely accepted that the S21(4)(a) was used to bring a periodic tenancy to an end and the S21(1)(b) was used to bring a fixed term to an end, however Taylor v Spencer [2013] EWCA Civ 1600 (20 November 2013) change all this.

The Court of Appeal held that following the expiry of a fixed-term assured shorthold tenancy, a landlord can serve a notice pursuant to s.21(1), Housing Act 1988, rather than pursuant to s.21(4). In any event, a notice served under s.21(4) is valid if it specifies an incorrect date for possession but also includes a saving provision from which the correct date can be calculated.

This was hugely significant and changed how many people have used Section 21’s. The Deregulation Act 2015 which followed write this firmly into law.

The Deregulation Act 2015 also brought into new tenancies a new prescribed version of Section 21 Form 6A and all new tenancies which have started after 1st October 2015 must use the new form.

From 1st October 2018 ALL tenancies will use the new form meaning from that date the Section 21 (4)(a) and Section 21 (1)(b)’s will no longer be used.

There are other significate differences between these notices. The old type of notices had an indefinite shelf life but the new notice is only valid for a maximum of six months from when it is served furthermore the new notice cannot be served before the end of 4 months.