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Section 20 Notices
Section 21 Notices

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Section 21 Notices

Introduction

A landlord wants to bring an assured shorthold tenancy to an end. To do so he must serve a notice under section 21 of the Housing Act 1988 stating that he requires possession. That section provides for two different types of notice. The first may be served under s21(1). The second under s21(4). What are the detailed requirements for each? What happens if you a mistake in the notice? When is it necessary to serve a notice under s21(1)? And when is it necessary to serve a notice under s21(4)? These are the questions considered by this article. It is also considers whether or not "saving formulas" work.


The requirements of each notice

Where s21(1) applies the landlord must give to the tenant "not less than two months' notice in writing stating that he requires possession of the dwelling house". The position is simple. So long as this period is given the notice does not have to expire on any particular day.

However, where s21(4) applies the position is much more complicated. The notice must satisfy the following conditions:
  • A date must be "specified" in the notice - although it is not necessary to insert an actual calender date if a particular formula is used (see below).

  • The notice must state that possession of the dwelling house is required by virtue of s21 "after" the date specified - but note that in Notting Hill Housing Trust v Roomus [2006] EWCA Civ 407. the CA held that a notice that stated that the landlord required possession "At the end of the period of your tenancy" meant the same thing and was a valid notice. (But never use the word "on"!)

  • The date must be the last day of a period of the tenancy (Where the tenancy is a statutory periodic tenancy s5(3)(d) provides that it is one under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy) - see further below.

  • The date specified must be "not earlier than two months after the date the notice was given".

  • The date specified must not be ea ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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