Podcast Location:
Download it here [file size: 33.7 MB]
Categories:
Residential Property
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in the process of seeking possession using section 21 notices. It will explore the circumstances in which a Landlord will wish to use a section 21 notice. It will also set out the practical and procedural considerations to be had and flag up some of the pitfalls to be aware of when using a section 21 notice.

Outcomes:
After completing the course you will:
  • Know what a section 21 notice is;
  • Know whether Housing Act 1988 tenants have security of tenure and how this interacts with section 21;
  • Understand the circumstances in which a Landlord will wish to use a section 21 notice;
  • Be aware of the main requirements under section 21 and recognise what is not required;
  • Appreciate the difference between a section 21 notice and a notice to quit;
  • Recognise the two types of section 21 notice and the requirements for each;
  • Be aware of the potential pitfalls when using a section 21 notice;
  • Know how and when section 21 notices can be enforced;
  • Understand the effect tenancy deposit protection changes will have on this area;
  • Know whether an extension of HMO licensing will have an impact on section 21;
  • Be aware of the impact of the Localism Bill on section 21.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Aylward v Fawaz [1997] 29 HLR 408, CA;
  • Barker v Hands [2007] EWCA Civ 869;
  • Church Commissioners v Meya [2006] EWCA Civ 821;
  • Elias v Spencer [2010] EWCA Civ 246;
  • Housing Act 1988;
  • Housing Act 1996;
  • Laine v Cadwallader [2000] EWCA Civ 5562;
  • Lower Street Properties v Jones [1996] 2 EGLR 67;
  • McDonald v Fernandez [2003] EWCA Civ 1219;
  • Notting Hill Housing Trust v Roomus [2006] EWCA Civ 407;
  • The Localism Bill.

In this podcast David Smith from Anthony Gold discusses section 21 notices under the Housing Act 1988. He will take the listener through the requirements of section 21 and flag up some of the practical considerations to be had when advising a landlord who wishes to recover his or her property under this provision.

Podcast added: 17/08/11

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