header-logo header-logo

Section 21 or bust?

23 October 2008
Issue: 7342 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Michael Walsh advises on how to avoid s 21 delays

One of the ways a landlord can seek possession of his property let under an Assured Shorthold Tenancy (AST) is by issuing a notice under s 21 of the Housing Act 1988 (HA 1988). A notice can be served under s 21(1) or 21(4), with each being used in different situations. This article looks at the two notices and how landlords can avoid unnecessary delay and a visit to court by complying with some of the strict rules associated with the form of the notices.
Section 21(1) notices

A notice served under this sub-section is subject to fewer restrictions in terms of its content than those served under s 21(4) (which I deal with below). All that this sub-section requires is that the landlord gives the tenant “not less than two months' notice in writing” and that notice must state that the landlord requires possession of the property.

It is common for landlords to serve a s 21(1) notice on their tenants at the beginning

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll