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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25442
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, If a landlord has issued a possession notice (Section 21(4)(4),

Resolved Question:

Hi, If a landlord has issued a possession notice (Section 21(4)(4), due to rent arrears which amount to about three months rent, if these arrears are reduced to less than 8 weeks, would the landlord still be able to get an eviction notice from the court?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if the initial term has yet expired please?

Customer:

I'm not sure what you mean, however, the rental agreement expired in February 2012. The notice expires on 13 April.

Joshua :

My apologies for the delay in reverting to you. In these circumstances a landlord should have issued a s21 (4)(a) notice which provides for a minimum of two months clear notice and which notice must expire the day before rent is payable.

Joshua :

If the landlord has seved notice in accordance with the above requirements, providing the deposit is protected then there is no defence to the s21 notice on the part of the tenant. A landlord has an absolute right to recover possession of the property under s21 Housing Act.

Joshua :

Your reference to rent arrears reducing to less than 8 weeks refers to notices served under s8 Housing Act which can be served during a fixed tenancy agreement. However once the fixed tenancy period has expired as here the landlord can recover posssession providing his s21 notice complies with the above requirements.

Joshua :

Is there anything ebove I can clarify for you?

Customer:

Thanks for your response.

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