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A Landlord of a property let under an Assured Shorthold Tenancy (AST) cannot regain possession of his property without serving a Notice in accordance with Section 21 of the Housing Act 1988. It is commonly referred to as a "Section 21 Notice".

The Section 21 Notice, which must be in writing, must give the tenant a minimum of two months' notice that possession is required. The notice can either be served during the fixed term of the tenancy, or at any time after the expiry of the tenancy, when the tenancy will usually be a statutory periodic tenancy.

Note, a Section 21 Notice will not be valid if at the time of service of the Notice, the tenancy deposit was not protected with an approved scheme. Protect your deposit now >>

The drafting and service of the section 21 Notice, if done correctly, entitles you to possession of your property upon expiry of the notice. If the tenant remains in occupation, court proceedings (known as 'Accelerated Possession Proceedings') will have to be commenced.

The proceedings cannot include a claim for any arrears or other breaches of the tenancy. Independent debt recovery proceedings would need to be commenced.