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What is it?

Section 21 Notices are by far the most common type of possession notice. A landlord does not have to give any reason for ending the tenancy agreement.

It should also be noted that if the tenancy started after 6th April 2007, you can only serve a Section 21 Notice after the deposit (if you have taken one) has been protected, or returned to the tenant(s).

This requirement now also applies even if the deposit was taken before the 6th April 2007, by virtue of the recent Court of Appeal case of Charalambous and Karali v NG & NG [2014] EWCA Civ 1604. As the landlord will not be able to 'protect' the deposit, it will frequently mean the deposit has to be returned. If you are in any doubt, please order our Premium Service and we will check this for you.

Finally, if after the expiry of a valid Section 21 Notice, the tenant(s) still remains in the property, the landlord must still not attempt to evict them him/herself. The landlord should make an application to the court for a possession order. We offer a full possession claims service. Please see our Possession Claims section for more information.

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