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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.
Naturally where fixed term and not periodic, and where a rent review clause exists in the periodic tenancy, contractual arrangements also avoid the need for the section 13 notice. [12] The section 13 notice gives the right to the tenant to challenge the rent set under section 14 before a rent assessment committee where it is unreasonable that ...
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 ...
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.
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.
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]