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In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is a notice under section 21 of the Housing Act 1988, [1] that a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession.
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If the tenant is on a fixed term tenancy and their lease is coming to an end, a landlord will be required to give them a valid notice to vacate. The period of this notice varies from state to state. If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property.
In England & Wales Retaliatory eviction legislation has been introduced under the Deregulation Act 2015 under section 33. [ 24 ] [ 25 ] A landlord cannot try to evict a tenant, raise the rent, or change the terms of the tenancy because the tenant has complained in writing to the landlord, or to any government agency, regarding conditions.
The claim form or application notice must identify the breach of injunction which has taken place, and be supported by an affidavit (served with it) stating the grounds for the committal application. A warrant of committal may not be enforced more than two years after the date it was issued, without further order from the court [1].
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