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Serving Notices Articles - Date Order
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What is a Section 20 Notice ?
There are two instances of section 20 notices in property in England: (1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other, (2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold…February 25, 2015Read More »
Section 21 Notices – Surprise Decision
Perhaps now is an opportune time to review the process of using section 21 notices as a recent court decision (Spencer v Taylor 2013), after 25 years of use of these notices, could be a real game changer. Section 21 of the Housing Act 1988 provides a no blame eviction…August 18, 2014Read More »
Tenancy Deposit Rules
We are still being asked a lot of questions about tenancy deposits and the tenancy deposit situation and what’s happened since the Superstrike case. Also, it’s pretty obvious from the enquiries we get that there are landlords around who are still ignorant of the deposit legislation 5 years after it…March 18, 2014Read More »
The Dangers with Section 8 Possession Claims
There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents. There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative…February 21, 2014Read More »
What is a Ground 1 Notice?
Section 8 of the Housing Act 1988 specifies under Schedule 2, Ground 1, a means of recovering possession of a residential rental property let on an Assured Tenancy (AT) or an Assured Shorthold Tenancy (AST) but this only applies after the fixed-term has ended during the statutory periodic terms. See…January 29, 2014Read More »
What is a Section 25 Notice
What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice. Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2). This means that when the fixed term…January 27, 2014Read More »
What is a Section 48 Notice?
Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or…January 25, 2014Read More »
What is a Section 213 Notice?
A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental. If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland…January 20, 2014Read More »
A Check List for Serving a Valid Section 21 Notice
This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are…January 20, 2014Read More »
Serving Notices – Is it Reasonable?
Is your notice understandable by a reasonable recipient, even if you made mistakes? This is the "reasonable recipient test". When serving a notice under a lease or letting agreement, such as a section 8 or section 21, rent review notice or break notice, care must be taken to ensure any…January 16, 2014Read More »
Serving Section 21 Notices
Serving Section 21 Notices - difference between fixed term and periodic notices The fixed term and the periodic s21 notices are different. If you serve in the fixed term (s21(1)(b)) which you can do so up to and including the last day of the fixed term of the tenancy, being…June 19, 2013Read More »
Notice to Quit
Residential Tenancies Bringing a tenancy or a license to an end ( termination of the tenancy or licence ) requires that certain procedures are followed, depending upon the type of tenancy, for the action to be fully legal: The serving of a notice to quit by either landlord or tenant (or licensee) The serving…June 6, 2013Read More »
Grounds For Possession
Grounds for Possession - Assured Shorthold Tenancies The Housing Act 1988 as amended by the Housing Act 1996 lays down certain circumstances (grounds) under which a landlord may successfully apply to court for possession. The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the…June 5, 2013Read More »
What is Abandonment? Abandonment is when a tenant leaves the property (usually without notifying the landlord or agent) before the tenancy has ended. Very often this occurs when the tenant owes rent and the tenant may or may not leave possessions in the property. Abandonment is a major problem for…May 9, 2013Read More »
Get Notice Dates Right
How do I Ensure Notice Dates are Correct? Landlords and letting agents, at various times during a tenancy, may need to serve legal notices on their tenants. It is vital that not only do you complete and serve the notice in such as way that it is valid, but that…April 18, 2013Read More »
How to Serve Valid Legal Notices Landlords and letting agents, at various times during a tenancy, may need to serve legal notices on their tenants. It is vital that not only do you complete and serve the notice in such as way that it is valid, but that you can…April 18, 2013Read More »