Section 21 Eviction No Tenancy Agreement

If you receive a Section 21 notice, this is the first step your landlord must take to get you out of your home. You don`t need to leave your home right away. For a deposit received as of April 6, 2007, if the surety has not been protected under the approved plan in accordance with the prescribed deadline, the lessor must first return the deposit to the tenant in full or with the deductions agreed between them before the lessor can issue a notification in accordance with Section 21. In addition, a section 21 1 1 notification may be made if the tenant or person who paid the deposit on behalf of the tenant has filed an application for a sanction under Section 214 (1) of the 2004 Act with the District Court and the claim has been decided, quashed or settled by the court. [xxvi] [33] [35] The Housing Act of 2004 introduced requirements for how a lessor must manage each rental deposit in relation to the lease. An owner can only demand payment of the money on bail. [xix] No notification should be given in accordance with Section 21, while any quality other than money is held on bail. [xx] [32] A Section 21 notification is only valid six months after notification. An exception is made where a notice has been issued in accordance with paragraph 4 (a) and the time limit in paragraph 4, point b) must be longer than two months, as the notice of possession procedure cannot begin after the four-month period has expired. [xxxvi] [18] Between August 29, 2020 and March 31, 2021, when the minimum notice period was increased to six months due to the COVID 19 pandemic, the validity period of the notice was increased to 10 months after notification. [xxxvii] [30] Pending the Spencer/Taylor decision of the Court of Appeal[A], it was generally accepted that a notice could only be issued under paragraph 1, point b), during a temporary lease. [19] [20] It was stated in the judgment that a notification may be made after the subsection during a statutory periodic rent, which is established in accordance with section 5 of the Temporary Lease End Act 1988.

[xi] [21] It will not surprise landlords and brokers to learn that a copy of the lease (ideally the original) should be retained each time a lease is granted to a tenant.