Hope on the horizon to simplify assured shorthold tenancy termination notices
Section 21 of the Housing Act 1988 provides that a landlord can regain possession of the property without the need to prove any fault on the part of the tenant. In order to commence possession proceedings, a landlord must comply with the requirements of section 21 by giving the tenant at least two months’ notice of their intention to seek possession. If the tenant is still within the fixed term of the assured shorthold tenancy (AST), this is the only requirement and a notice may be served under section 21(1).
However, where the fixed term has expired, it was generally held to be the case among practitioners that the additional requirements of section 21(4)(a) must be complied with. Consequently, the notice must specify that possession is required ‘after’ a particular date and such date must be the last day of a period of the tenancy. The courts have consistently taken a strict approach in the interpretation of the act, requiring landlords to comply with the stringent requirements in section 21(4)(a).
The recent Court of Appeal case of Spencer v Taylor held that the simpler requirements of section 21(1) apply to all ASTs that were initially granted for a fixed term. The departure from the courts’ earlier strict interpretation of section 21 is likely to be welcomed by landlords for clarifying and simplifying the law in this area…
Click on the link below to read the rest of the Walker Morris briefing.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The High Court has considered whether a claimant waived privilege in confidential documents simply because they had been seen by someone other than the claimant and his lawyer.
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents