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Deregulation Act 2015
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Valid from 01/10/2015
36Time limits in relation to section 21 notices and proceedingsE+W+S
This section has no associated Explanatory Notes
(1)Section 21 of the Housing Act 1988 is amended as follows.
(2)After subsection (4A) insert—
“(4B)A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—
(a)in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and
(b)in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.
(4C)Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).
(4D)Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).
(4E)Where—
(a)a notice under subsection (4) has been given in relation to a dwelling-house in England, and
(b)paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,
proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.”
(3)In subsection (6), for “subsection” substitute “ subsections (4B)(b) and ”.
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