Under Section 21 of the Housing Act 1988, landlords may evict tenants who have an assured shorthold tenancy which is a periodic tenancy or a fixed-term tenancy that has expired by giving at least two months' notice. However, a Section 21 notice cannot be issued if the landlord has not complied with certain legal requirements. Recently, a man who rented a property succeeded in obtaining dismissal of a Section 21 notice because of his landlord's failure to supply him with required documents.
The man lived with his children and grandchildren. After his landlord served a Section 21 notice in respect of the property, he defended the claim on the grounds that the landlord had not provided information on the deposit protection scheme used to protect his deposit. He also claimed that he had not been given the correct version of the government's 'How to rent' guide or an Energy Performance Certificate for the property.
The landlord was unable to provide evidence that he had given the man the required information relating to the deposit. The claim was dismissed after the landlord agreed to discontinue it.