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Section 21 just got easier
Article date: 22/01/2014
In December, the Court of Appeal gave residential landlords some welcome relief in the case of Spencer v Taylor .
The Section 21 Notice has historically caused landlords no end of grief. There are two different types of Section 21 Notice (those served under Section 21(1)(b) of the 1988 Act and those served under Section 21(4)(a) and whichever one should be served depends on the facts of the particular case. A landlord usually serves a Section 21(4)(a) Notice when seeking to end a periodic tenancy, using a standard form of wording, "the saving provision", to avoid errors on the termination date.
However, in essence, the Court of Appeal has now decided that a Section 21(1)(b) Notice (the more straightforward of the two) would be the appropriate Notice to serve in all circumstances other than where the tenancy was periodic from the start. If the original tenancy was a fixed term, as in most cases, then there is no longer a decision for a landlord to make as a Section 21(1)(b) Notice will suffice. Such a notice merely has to give two months' notice in writing.
This welcome decision has made the process a great deal easier for landlords. There is no longer any need to worry about the day the notice needs to expire on, so long as it is more than two months from the date it is served.
If you want to know more, please contact either Laura Westwood on 01384 327161 or Nyree Applegarth on 01384 327151.