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Since 1 October 2015, a Landlord cannot serve a s.21 notice within six months of being served with a Relevant Notice. This currently applies only to Tenancy Agreements granted from 1 October 2015, however it will apply to all tenancies from 1 October 2018.
There are three categories of hazards : –
- An improvement notice served under section 11 of the Housing Act 2004 relates to Category 1 hazards;
- An improvement notice served under section 12 of the Housing Act 2004 relates to Category 2 hazards;
- An emergency remedial action served under section 40(7) of the Housing Act 2004.
If there is no management order in place, the local housing authority will serve the appropriate notice when they are satisfied that either a category 1 or 2 hazard is evident at a residential property.
A hazard is any risk of harm to the health or safety of a possible or actual occupier of a property which arises from a deficiency in the property or in any building or land in the vicinity.
There are a number of prescribed hazards including: –
- Personal hygiene, sanitation and drainage – an inadequate provision of facilities for maintaining good personal hygiene, sanitation and drainage;
- Food safety – an inadequate provision of facilities for the storage, preparation and cooking of food;
- Lighting – a lack of adequate lighting;
- Noise – exposure to noise;
- Lead – the ingestion of lead;
- Asbestos and MMF – exposure to asbestos fibres or manufactured mineral fibres;
- Carbon monoxide and fuel combustion products – exposure to carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke;
- Damp and mould growth – Exposure to house dust mites, damp, mould or fungal growths;
- Excess cold – exposure to low temperatures;
- Excess heat – exposure to high temperatures;
- Crowding and space – a lack of adequate space for living and sleeping;
- Electrical hazards – exposure to electricity;
- Water supply – an inadequate supply of water free from contamination, for drinking and other domestic purposes;
To serve a s21 notice within the 6 month timescale will only be allowed if the improvement notice has been subsequently reversed, revoked or quashed. A suspension of the notice does not afford any right to issue a s21 notice.
Specialist Landlord Services
My name is Carol O’ Leary. I am a lawyer who specialises in legal services for landlords. We aim to provide our clients with an outstanding legal service.
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