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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Repair notice

16 May 2022 | 5 comments

What are the rules regarding retaliatory Eviction had a notice served by the council do I have to wait six months before I can serve a section 21 or do I have to wait until the repairs have been done

Answer

5 Comments

  1. eden2011

    I have read that a section 21 cannot be served only if it’s an emergency remedial action or an improvement notice the letter we have had is not either of the above so can a section 21 be served in these instances

  2. guildy

    Yes, it’s only the notices mentioned in the article linked above.

    Keep in mind that the letter will be sufficient to notify the repairs in writing, so section 21 could fail if the work isn’t done and the local authority follows with a formal notice (see the link above).

  3. eden2011

    You are referring to another link are you not because there is not another link in your last comment or was you referring to the initial one? So basically you’re saying these letters as long as the work is done then the section 21 can be carried out does there need to be notification from the council that the work has been completed and they are happy with it

  4. guildy

    We meant the original link.

    Yes, get the work done, as that is the best way to avoid any question of retaliatory eviction problems. It would be great if there were a letter from the council confirming the works and that they are happy, but it wouldn’t be essential.

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