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Question Title: Section 8 and section 21 notices
| Question: 395 |
| As a matter of course, I issue a section 21 notice to tenants shortly after the start of the tenancy. Recently, a tenant fell behind with his rent and I issued him notice under section 8 that I was going to apply to the court for possession. The tenant subsequently paid his rent up to date and the matter did not go any further. It is now nearing the end of the fixed term and I need to get the property back - will I need to issue a new notice under section 21 or is the original notice still valid ?
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| Answer: |
| There is no time limit specified in the Housing Act 1988 as to the length of time that a notice given under section 21 of the Act remains valid. Providing the original notice was validly served and was not withdrawn, there is no necessity to serve a new notice. This contrasts with the section 8 notice (Notice of Seeking Possession of a Property let on an Assured Tenancy) which has a clearly defined shelf-life. The Housing Act 1988 states (section 8(3)c) that, when serving a notice under section 8, proceedings should be brought within 12 months from the date of service of the notice.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 8 |
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factsheet-8
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Letting Factsheet No 21 |
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factsheet-21
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For more information, discuss on the Forum
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