Q&As

A landlord granted a 12-month fixed term assured shorthold tenancy and served a section 21(4)(a) notice during the fixed term. Was that notice valid or should a section 21(1)(b) notice have been used?

read titleRead full title
Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 10/01/2017

The following Property Q&A Produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A landlord granted a 12-month fixed term assured shorthold tenancy and served a section 21(4)(a) notice during the fixed term. Was that notice valid or should a section 21(1)(b) notice have been used?

Except where expressly referred to, this Q&A does not address issues which affect the validity of a notice served under section 21 of the Housing Act 1988 (HA 1988), such as:

  1. failure to protect the tenant’s deposit in a deposit scheme (as to which see Practice Note: Tenancy deposit schemes)

  2. failure to obtain licensing for a house in multiple occupation (HMO) (as to which see Practice Note: Houses in multiple occupation (HMOs)) and,

  3. the new rules introduced by the Deregulation Act 2015 (DA 2015) which apply to English tenancies which were entered into on/after 1 October 2015

Broadly, this question must be considered under two heads.

First, there is a category of cases which contain:

  1. English tenancies entered into before 1 October 2015, or statutory periodic tenancies which arose on/after 1 October 2015 at the end of a fixed term which was granted before 1 October 2015 (the rules next discussed applying during a transitional period of 1 October 2015 to 30 September 2018), and

  2. all Welsh tenancies, whenever granted (the rules below applying indefinitely unless they are in future brought within the scheme of the DA 2015.

For these tenancies the old rules continue to apply. Accordingly, the question here is: can a notice given under HA 1988, s 21(4) ever be used to terminate a fixed term assured shorthold tenancy (AST)? A section 21(1) notice

Related documents:

Popular documents