Thursday, 28 June 2012
A landlord has the legal right to retain possession at the
end of a tenancy but must follow the correct legal procedure,
which includes serving a section 21 notice. The Housing Act
1996 amended the section 21 of the 1988 Act by requiring
this notice to be given in writing.
Section 21 of the Housing Act 1988 is divided into subsections
with different procedures to be followed depending on whether
the Section 21 notice is served before the fixed term has come
to an end or after, when the tenancy has become a periodic tenancy.
Before the section 21 Notice can be issued the Landlord must
ensure that the deposit has been administered. Changes brought
in by the Localism Bill give the landlord 30 days to attend to the
deposit and to issue the presribed information. Unless this is
done a Section 21 Notice cannot be enforced.
Posted by Tom Ryder at 08:39