Invalid Section 21 Notices (a Letter asking the Tenant to leave is invalid)
In addition to the Tenant requiring Two Months Written Notice, which must contain legal text, such Notice must expire on a
valid date.
- 1988 Housing Act introduced powers of Guaranteed Possession, using the Section 21 Notice
- The 1996 Housing Act- Further defined limitation on use with Section 99 "Restriction on recovery of possession on expiry or termination".
- 2004 Housing Act Introduced Tenant Deposit Legislation with Section 215 covering "Sanctions for non-compliance" which invalidate the Section 21 Notice where the deposit protection has not been complied with.
The Court form which a Landlord uses to
claim possession using the Section 21 Notice was updated in August 2011 and it now incorporates the Legal test (section 7) for compliance with the Deposit Legislation and further compliance with licensing regulations of HMO.
Previously where a Landlord or Agent had made a mistake with complying, possession orders would go through unchallenged. Due to the new requirements of disclosure such errors are now identifiable and the Judge MUST deny the possession application as it fails to comply with civil procedures 55 (these are the directions all Judges must follow when granting possession of a property to a Landlord).
Below we review the impact of these Legislation compliance requirements
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