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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.