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Section 21 Notice Update

Spencer v Taylor, a Court of Appeal Case
A decision has recently been made in the Court of Appeal (Spencer vs. Taylor) concerning the serving of a Section 21 notice.

There are two types of section 21 notice, one to be served during a fixed term [ section 21 (1) b ] and one to be served when tenancy is periodic [ section 21 (4) a ]. Both required different information to be set out in order for the notice to be correct and therefore for the courts to accept it as a valid notice.

The ruling in this particular case indicates that this previous thinking could now not be required.
The Court of Appeal specified that where there was originally a fixed term tenancy then even if a Section 21 Notice is served after the expiry of the fixed term, the landlord can rely on a Section 21(1)b Notice. Therefore, provided that not less than two months clear notice is given, a Section 21(1)b Notice can be relied on at any time. The role of a Section 21(4)a Notice does not become redundant but is only relied upon when being served when the tenancy was periodic from the start.

We will continue to use the different forms of Notice to reflect the type of tenancy in force at the point that a Notice is served but irrespective of this if the tenants deposit has not been protected and the prescribed information has not been given to the tenant then any section 21 notice will be invalid.

Should you require any further information or clarification regarding this recent ruling please do not hesitate to give us a call on 01212402244.