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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 and Tenant Act 1954 (2 & 3 Eliz. 2.c. 56) is an act of the United Kingdom Parliament extending to England and Wales.Part I of the act (sections 1-21), which dealt with the protection of residential tenancies, is now largely superseded.
Landlord–tenant law governs the rights and responsibilities of leasehold estates, like in an apartment complex. Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and ...
A common use of such a warrant is for a landlord to remove tenants which have re-entered the property after eviction. [3] The warrant allows the bailiffs to remove all people found on the property. [4] There is normally no requirement to start additional legal proceedings as it is effectively an additional warrant of possession. [5]
A landlord cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property. The police then contact the agent to arrange a time to go to the property, see the tenants off the premises, change the locks and formally take possession.
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Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...