Daniel Smith, Solicitor in our Dispute Resolution team, has had his article published in Newbury Today in which he detailed the section 21 repeal and what this means.
Daniel discusses what are no fault evictions, how will the ban work and how we can help you here.
Gardner Leader assists both residential landlords and tenants in resolving disputes with their tenancies.
Section 21 of the Housing Act 1988 is still in force and landlords looking to regain possession of a property must ensure that correct notice is served and the required formalities have been complied with.
In the event that the formalities have not been complied with then it may be possible to remedy the position and either serve a new section 21 notice and start court proceedings again, or they may have to wait until there is a fault by the tenant and serve a section 8 notice instead.
While tenants are unlikely to be able to remain in a property if a landlord has served a valid section 21 notice, they should consider obtaining legal advice on the validity of any notice served, whether the tenant’s deposit has been protected, or if the property is in a state of disrepair, this may give the tenant additional claims.