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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.
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.
Tenants using federal housing expenditures—such as LIHTC, Section 8 vouchers, or public housing can still be evicted—but these evictions must be initiated for lease violations or rent non-payment. [45] Prior to an eviction, landlords must issue an eviction notice, often referred to as a Notice to Quit. [2]
The notice must also include the account number used by the creditor in the two relevant communications [§ 342(c)(2)(e) & (f)]. An ineffective notice can be cured if the notice is later "brought to the attention of the creditor." This means that the notice must be received by a person designated by the creditor to receive bankruptcy notices. [8]
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A rental agreement or lease may include a "rent review" clause which makes provision for the rental amount to be increased, the process for the landlord to provide notice of a rent increase and the options available to the tenant regarding acceptance or rejection of the proposed increase. [3]
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