New Section 21 Notice Deadline 1st October 2018

All Tenancies created where the rental property is located England are now subject to the Deregulation Bill.  Tenants are now afforded extra protection and are subject to restrictions of use of a Section 21 Notice and protected against retaliatory eviction. In addition to being obliged to issue the New Prescribed Section 21 Notice, no such notice may be given to the Tenant until after month 4 of commencement of tenancy.

Many landlords serve a Section 21 Notice, following which, two months later apply to court only to discover they are ineligible to evict their tenants – Don’t make the same mistake.  Firstly, look at the Court application for possession for Section 21 Notice. If a problem is identified then remedy pre-service of the Section 21 Notice to ensure that eviction thereafter is valid.

The new New Prescribed Section 21 Notice has combined the two previous types of Notices into one Notice that covers both fixed term and periodic tenancies.

However, there are further requirements that landlords and letting agents must comply with prior to issuing a Section 21 Notice under the Deregulation Act 2015.  They must have provided the tenants with the ‘How to rent: the checklist for renting in England’, and that the property has an up to date Gas Safety Certificate and valid EPC.

As with common practice, tenants should be made aware of which tenancy deposit scheme their deposit is protected in and the property’s Energy Performance Certificate, unless it is not required, must also be provided.

A spokesperson for an association of lettings agents, said: “When the changes come into effect, it’s important agents [and landlords] are executing effective Section 21 Notices when necessary.

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