Section 21(1)(b) Notice and Housing Act 2004

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In the past, many landlords have adopted the working practice of issuing a Section 21(1)(b) Notice of the Housing Act 1988 to tenants at the very beginning of the tenancy, when the tenants sign up for the tenancy, as this is when they have the “captive” audience. However, complications have arisen with the introduction of Tenancy Deposit Protection (TDP) in the Housing Act 2004.

Since 6th April 2007, a valid Section 21 Notice cannot be served unless the deposit has been protected in one of the Government approved schemes, and the Prescribed Information issued to the tenants. Taking this into account, therefore, a Section 21 Notice cannot be issued at the same time as the tenants sign the tenancy agreement unless the deposit is protected at the same time the tenancy agreement is signed.

15/06/2007 00:00

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