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Housing Act Guide

Restriction On Terminating Tenancies

No Section 21 notice may be given in relation to a shorthold tenancy in respect of part of an unlicensed HMO so long as no licence is in force and no application has been made for a licence.  There is a similar provision in respect of the whole or part of a unlicensed house subject to selective licensing. 

Without being able to serve a valid Section 21 notice possession cannot be obtained on the notice only "shorthold” basis.  However, it would not prevent possession proceedings on other grounds, e.g. rent arrears. 

This document was last updated on: 17/05/2007

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