Nearly Legal Section 21

If you receive a section 21 notice between August 29, 2020 and March 31, 2021, you must be notified at least 6 months in advance. The 6-month notice period begins on the date you receive it and ends on the day you have to leave the property. The usual warnings apply – these should not replace appropriate legal advice or even be used as reliable advice – only guidance. The Housing Act 1988 introduced secure leases and short-term leases from 15 January 1989, the latter being a subset of the former. As with leases regulated under the Leases Act 1977, tenants of leases that are not secured on a short-term basis cannot be evicted without one of the reasons set out in the law being met, although there is now a compelling reason to hold rent arrears. [12] Landlords of tenants with guaranteed short-term tenancies, however, may apply to the court for an order of repossession without giving a reason, provided that their tenants have been adequately informed in accordance with section 21 of the 1988 Act. [13] Assured Shorthold became the standard type of private residential tenancy with the coming into force of section 96 of the Housing Act 1996 on February 28, 1997. [vii] [14] [15] Don`t be deterred from seeking legal advice about what you can do if you receive a section 21 notice because you think you can`t afford it. Legal aid is a government program designed to help people who are low-income, have little savings and meet certain other criteria to pay for legal advice, representation and other assistance. Legal aid is always available to pay for a lawyer to help you if you are evicted from your home and advise you on your section 21 termination – depending on your financial situation. You can check whether you are financially entitled to legal aid here: Check if you are eligible for legal aid. If your tenancy began or was renewed on or after October 1, 2015, the section 21 notice you receive must be: Form 6A Notice of ownership of property leased under a short-term guaranteed lease.

If not, your landlord didn`t use the correct notice and you can challenge their right to a possession order. Rental Relationship Service – Contact your local government to find out if they operate a rental relationship service. Many do. If so, ask to speak to a rental agent and they should be able to advise you on your eviction notice for free. You can also help if it appears that you are being asked to leave your home illegally and with illegal eviction or harassment. In some boards, the Rental Relations Department works through a Housing Counselling Centre or the Housing Options Team. If your local board says they don`t have a rental relationship department, ask if they have a housing advice centre or housing options team instead. A landlord is exempt from the application of this section if the condition that led to the notification by the authority is due to the fact that the tenant did not use the property in a manner similar to that of a tenant, or if the property is actually on the market for sale at the time of termination, or if the landlord is a registered private social housing provider, or the notice under section 21 is given where a mortgagee exercises a power of sale against the landlord as a result of late payment. [xxxiii] [32] [36] Your landlord made an error in the notification under § 21 that makes the meaning unclear (e.g.

incorrect indication of name or wrong address). Since it seems that we have gone at least a week without a new law affecting section 21, I took the risk of updating the organizational chart on the validity of section 21. It now contains: All different valid notice periods. The law on rental fees will come into force after June 1, 2020.