The starting point is that once a Housing Act notice has been served, no section 21 notice may be given within six months. This is the case even if any works contained in the notice are completed within the given time-scales.
However, there are a number of exclusions where, despite the six month prohibition, a section 21 notice may indeed be given at a time of less than six months from the Housing Act notice. These exclusions are-
- If the improvement notice was served in error and as a result the whole improvement notice is revoked under section 16 Housing Act 2004, a section 21 notice may be served after the notice has been revoked.
- If the landlord requests Portsmouth City Council to revoke an improvement notice on the grounds it was served in error and we refuse, the landlord can appeal to the first-tier tribunal about the refusal. If on appeal the first-tier tribunal decision is to revoked the notice, a section 21 notice can be served.
- If an appeal against the improvement notice on other available grounds (such as works not necessary etc.) is successful at the first-tier tribunal and the notice is quashed, a section 21 notice may be served after it has been quashed by the first-tier tribunal.
- If an appeal is made to the first-tier tribunal against Portsmouth City Council taking emergency remedial action which reverses the notice, a section 21 notice may be served after the reversal by the first-tier tribunal.
Finally, the six month rule does not apply if at the time the section 21 notice is given, the dwelling-house is genuinely on the market for sale.