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In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is a notice under section 21 of the Housing Act 1988, [1] that a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession.
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The landlord has the right to terminate: by using a Section 21 notice, [3] which in practice results in a minimum notice period of two months. Since the Housing Act 1996, there is no minimum length for which an assured shorthold tenancy may be granted and a Section 21 notice can be served at any time.
This allows a section 21 notice eviction, which does not require the landlord to have any reason for evicting tenants after a fixed-term tenancy ends or during a tenancy with no fixed end date. [2] This allows landlords to evict or threaten tenants that complain without needing to give an explanation.
If the tenant is on a fixed term tenancy and their lease is coming to an end, a landlord will be required to give them a valid notice to vacate. The period of this notice varies from state to state. If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property.
Section 21 may refer to: The nurses' section of Arlington National Cemetery, a US military cemetery; Section Twenty-one of the Canadian Charter of Rights and Freedoms, concerning language rights; Section 21 of the Housing Act 1988 of the UK, concerning a formal notice to quit — see Section 21 notice; Section 21 of the Indian Penal Code ...
New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5]