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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.
In the United Kingdom, revenge eviction is legal via the use of a Section 21 notice so-called no-fault eviction". In the United States, retaliatory eviction as its known is illegal, and since Edwards v. Habib (1968) has been as a legal defence for renters unjustly removed from their homes.
In England and Wales the accelerated possession procedure is a method by which a landlord can obtain an order for possession against an Assured Shorthold Tenant following the service of a section 21 notice. The landlord must use a form called N5B. [1] The procedure is governed by Part 55 Civil Procedure Rules 1998.
New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5]
The Deregulation Act 2015 (c. 20) is an Act of Parliament in the United Kingdom. [1]One notable piece of legislation that was introduced is aimed at countering retaliatory evictions (e.g. following a complaint by a tenant to a landlord about the condition of the rented property) and imposes new obligations on landlords if they are to serve a valid section 21 notice.
Some 4,800 eviction notices have been sent to migrant families in shelters. Mayra Martinez, a 40-year-old mother from Colombia, said her three children have mixed feelings about leaving the Row.
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Tenants using federal housing expenditures—such as LIHTC, Section 8 vouchers, or public housing can still be evicted—but these evictions must be initiated for lease violations or rent non-payment. [45] Prior to an eviction, landlords must issue an eviction notice, often referred to as a Notice to Quit. [2]