Notes on forms

• Appropriate professional advice should be taken in conjunction with the use of all these forms.

Assured shorthold tenancy agreement

• This is a specimen agreement only.
• Every landlord must tailor it to meet his own particular requirements.
• Not all clauses will fit all circumstances.
• It is usual to grant an initial fixed term of 6 months or a year.
• This agreement is not suitable for terms exceeding 3 years.

Section 21(1) notice

• Where the fixed term of an assured shorthold tenancy has ended a court must make an order for possession if the landlord has served a written notice requiring possession.

• Where there are joint landlords at least one of them must give this notice.

• The notice must expire at least two months after the notice is given.

Section 21(4) notice

• Where an assured shorthold tenancy has become a periodic tenancy a court must make an order for possession if the Landlord has served a written notice requiring possession.

• Where there are joint landlords at least one of them must give this notice.

• The notice must expire on the last day of a period of the tenancy.

• The expiry date must be at least two months after the notice is given.

• The expiry date must not be before the earliest day on which the tenancy would ordinarily have been brought to an end by a notice to quit.

Section 8 notice (general form)

• Before use the form must be completed with all relevant details.
• Use cut and paste to enter the text of the appropriate Grounds for Possession at item 3.
• Note item 5.  The notes under that item will help you to decide the date to enter.  You must not enter a date which is too early.
• This form is a prescribed form.  The form itself should not be altered.
• Possession proceedings based on a notice which has been altered or has not been properly completed will probably fail.

 Section 8 notice (rent arrears)

• This is an example of a section 8 notice with an example of the grounds and the basis of reliance on those grounds set out.
• The relevant grounds are 8, 10 and 11.
• However, not all grounds will apply in every arrears case.  There could for example be sufficient arrears to justify ground 8 but without a history of persistent delay, so that ground 11 would not apply.
• Remember that notice can be served as soon as the tenant has missed a payment, but this of itself would only found a ground 10 claim where possession is at the discretion of the court.
• This form is a prescribed form.  The form itself should not be altered.
• Possession proceedings based on a notice which has been altered or has not been properly completed will probably fail.

Section 13 notice (notice proposing increase in rent)

• Before using this form read all the guidance notes.
• The guidance notes form part of the form and must not be deleted or altered.
• This form is a prescribed form.  If the form is altered or is not properly completed it will be invalid.