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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 Government will honour its manifesto pledge to provide security for tenants in the private rented sector by ending Section 21 notices. No-fault evictions to be abolished in new renters Bill ...
In this unusual scenario in which the landlord has been able to agree a rent substantially higher than market comparables of the same kind of accommodation, the landlord can serve a Section 21 notice before or after the tenancy has begun stating it is not to be an assured shorthold tenancy, where no rent assessment application has been made. [8]
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 ...
However, few would want to do this, given landlords' right to give a section 21 notice and end the tenancy. [dubious – discuss] [citation needed] Tenants could also challenge the rent upon service of an annual notice to increase rent at the end of the fixed term; but landlords could avoid this by increasing the rent via a renewal tenancy ...
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.
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