To terminate an Assured Shorthold Tenancy in England or Wales, the landlord or agent must serve a Section 21 Notice (Notice Requiring Possession) giving a minimum of two months’ notice. Two types of Section 21 Notice exist under the Housing Act 1988: (1) a notice served during the fixed term – Section 21(1)b, and (2) a notice served during a statutory periodic tenancy – Section 21(4)a. Possession during the fixed term period can only be obtained if a breach of contract is proved and for this a Section 8 Possession Notice should be used.
