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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.
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.
An exception to this are assured tenancies which are converted from being regulated by the Housing Act 1980 (except if granted by approved bodies under ss56-68 of the Housing Act 1980 before 15 January 1989, and before that date the tenant made an application to the court under section 24 of the Landlord and Tenant Act 1954 (for the grant of a new tenancy), and on 15 January 1989 the 1980 Act ...
An assured shorthold tenancy may also be ended by the execution of a possession order based on a Section 21 notice. The differences between the Section 8 and Section 21 procedures are: [2] A Section 21 notice may be used without the landlord giving any reason, whereas for a Section 8 notice to be used the landlord must satisfy one of the ...
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.
A contract may state a period of notice which either/any party is required to give to the other contractual parties. The contract between Winter Garden Theatre (London) Ltd. and Millennium Productions Ltd., which gave rise to a 1948 legal case, stated that Millennium would have to give a month's notice if it wished to terminate, but Winter Garden's obligations were not stated.
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 ...
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.