Q&As

Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties and landlords? Do the requirements for the landlord to submit to the tenants an energy performance certificate, gas safety certificate and how to rent guide apply to section 21 notices in respect of Welsh landlords and properties?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 08/02/2019

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties and landlords? Do the requirements for the landlord to submit to the tenants an energy performance certificate, gas safety certificate and how to rent guide apply to section 21 notices in respect of Welsh landlords and properties?
  • The section 21 procedure
  • Restrictions on serving a section 21 notice
  • The section 21 procedure in Wales

Is the section 21 notice process and requirements under the Housing Act 1988 different for Welsh landlords and properties than for English properties and landlords? Do the requirements for the landlord to submit to the tenants an energy performance certificate, gas safety certificate and how to rent guide apply to section 21 notices in respect of Welsh landlords and properties?

The section 21 procedure

Section 21 of the Housing Act 1988 (HA 1988) provides a mechanism by which a landlord can obtain possession of a property let on an assured shorthold tenancy (AST) without the tenant being at fault (eg by having accrued rent arrears or caused nuisance/annoyance).

Although HA 1988, s 21 procedure (referred to in court as ‘the accelerated procedure’) can be used in respect of a tenancy which was initially granted for a fixed term or a tenancy which was initially granted as a periodic tenancy, it can only be used in respect of a fixed-term tenancy once the fixed term has come to an end.

An HA 1988, s 21 notice must be served by the landlord on the tenant to instigate the procedure of obtaining possession. Such a notice cannot be served in respect of a property in England within the first four months of the AST.

Restrictions on serving a section 21 notice

HA 1988, s 21A(2) provides that a landlord cannot serve a

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