Q&As

Where a landlord serves a notice under both section 8 and section 21 of the Housing Act 1988 and issues possession proceedings based on the section 8 notice which prove unsuccessful, can the landlord subsequently issue proceedings based on the section 21 notice or would a fresh notice need to be served? Would serving a further section 21 notice invalidate the first?

read titleRead full title
Published on LexisPSL on 13/05/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a landlord serves a notice under both section 8 and section 21 of the Housing Act 1988 and issues possession proceedings based on the section 8 notice which prove unsuccessful, can the landlord subsequently issue proceedings based on the section 21 notice or would a fresh notice need to be served? Would serving a further section 21 notice invalidate the first?

Where a landlord serves a notice under both section 8 and section 21 of the Housing Act 1988 and issues possession proceedings based on the section 8 notice which prove unsuccessful, can the landlord subsequently issue proceedings based on the section 21 notice or would a fresh notice need to be served? Would serving a further section 21 notice invalidate the first?

It is fairly common for a landlord who wishes to evict an assured shorthold tenant (AST) to serve both a notice under section 21 of the Housing Act 1988 (HA 1988) and HA 1988, s 8. This is primarily because of the complexities of the law surrounding HA 1988, s 21, such as the requirements to have served the prescribed information and a gas safety certificate. The HA 1988, s 21 procedure was designed to be a no-fault route to possession for landlords by the giving of two months’ notice without having to

Related documents:

Popular documents