Section 21 notice
A Section 21 notice also known as a Section 21 notice of possession or Section 21 eviction is in the United Kingdom the method by which a landlord can take possession of an assured shorthold tenancy or statutory periodic tenancy without providing a reason for wishing to take possession.[1]
Defences
Tenancy type
A section 21 can only be served upon an assured shorthold tenant or statutory periodic tenant.
Deposits
A section 21 notice is invalid if a landlord has not protected the deposit in a recognised tenancy deposit scheme. Bond schemes are not covered by the tenancy deposit laws.
Prescribed form
Section 21 notices must be in a prescribed form.[2][3] A statutory instrument called the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 shows the prescribed form a section 21 notice should take.[4]
Time limits
The notice cannot be served until after the first four months of the fixed term, and the notice must be served at least two months before the possession date specified on the notice, and if the tenant does not leave possession proceedings must be commenced no more than six months after the date of service of the notice.
Revenge eviction
Following the passage of the Deregulation Act 2015 a section 21 notice will be invalid and no further section 21 can be made when a local authority has served an improvement notice under the health and safety rating system or where remedial action has been carried out.[5]
Landlord's obligations
The Deregulation Act introduces further obligations on a landlord if they are to serve a valid section 21 notice.
- A landlord must provide a tenant with the 'How to Rent' guide.
- A landlord must provide an Energy Performance Certificate.
- A landlord must provide a Gas Safety certificate.
Case law
- Superstrike v Rodrigues
- Spencer v Taylor
- Charalambous v Ng
See also
References
- ↑ "Eviction with a Section 21 Notice - Shelter England". England.shelter.org.uk. Retrieved 2016-05-29.
- ↑ Section 21 notice prescribed form (as amended 27 September 2015)
- ↑ 2 October 2015 11:32 17 December 2015 15:24. "New prescribed form of Section 21 notice | The Lawyer | Legal News and Jobs | Advancing the business of law". The Lawyer. Retrieved 2016-05-29.
- ↑ http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf
- ↑ "Section 21 notices just got harder". Fsp-law.com. Retrieved 2016-05-29.