No eviction notice if duties breached HA 1988 s. 21A
Landlords in England cannot serve a section 21 notice if breaching prescribed requirements on housing condition, health, safety, or energy performance.
21A A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement. The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to— the condition of dwelling-houses or their common parts, the health and safety of occupiers of dwelling-houses, or the energy performance of dwelling-houses. In subsection (2) “ enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978. For the purposes of subsection (2)(a) “ common parts ” has the same meaning as in Ground 13 in Part 2 of Schedule 2. A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section restricts a landlord from giving a section 21 eviction notice for an assured shorthold tenancy in England if the landlord is currently breaching a prescribed legal requirement.
Prescribed requirements are obligations set by law that relate to property condition, the health and safety of occupiers, or energy performance standards.
If a landlord serves a notice while failing to meet any of these specified standards, the notice is legally invalid and cannot be used to recover possession of the dwelling-house.
When it applies
- A landlord gives a section 21 eviction notice while failing to comply with energy performance requirements for the rented dwelling.
- A landlord serves a notice seeking possession of a residential property while in breach of statutory health and safety rules.
- A landlord attempts to end an assured shorthold tenancy when statutory standards regarding the condition of shared common parts have not been met.
What this section does not say
- Tenancies of dwellings in Wales, which are excluded from this provision.
- Landlord failure to protect a security deposit, which is governed by separate deposit protection legislation.
- Evictions based on tenant breach or fault under Schedule 2 ground rules.
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This page reproduces the text of HA 1988 s. 21A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.