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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.
Unlawful eviction is the deprivation of occupation of a residential occupier of any premises of his occupation or any part of it or attempts to do so :s1(2) of 1977 Act. Actions such as changing the locks R v Yuthiwattana (1984) 16 HLR 49, CA or locking a lavatory door R v Burke (1991) 22 HLR 433, HL all constitute unlawful eviction.
Police have frequently failed to intervene when tenants were forceably removed from their homes without a court order or when tenants' property was removed from their homes and locks changed without a court order. Shelter maintain that in 2016 nearly 50,000 tenants had their belongings removed, and the locks changed by landlords. Over 200,000 ...
As part of the Renters' Rights Bill, section 21 notices, also known as no-fault evictions, would be changed so that landlords would no longer be able to evict tenants without justification.
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. The eviction must always be carried out by the police; the landlord cannot evict tenants themselves.
In England and Wales, a Section 8 notice, [1] also known as a Section 8 notice to quit or Form 3, is a notice required to be given in England and Wales by the landlord to the tenant of an assured tenancy or assured shorthold tenancy who wishes to obtain a possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession under ...
The legislation proposed to end the no-fault eviction of tenants, as well as making it easier for landlords to evict antisocial tenants. [ 1 ] After the bill's 3rd commons reading, the announcement of the 2024 general election caused the bill to be discontinued during the parliamentary wash-up period . [ 2 ]
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 ...