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Section 21 Notices
The Deregulation Act 2015 contained new provisions relating to the service of Section 21 Notices used to end assured shorthold tenancies (AST’s). These new provisions are set to come into force on the 1st October 2015 and in order to implement the changes, The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 have been passed also with effect from 1st October 2015. These regulations apply to all new assured shorthold tenancies commencing after 1st October 2015 and will apply to all tenancies from 1st October 2018.
What are the changes?
A landlord must use the new prescribed Section 21 Notice which is Form 6A contained in the regulations at http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf
A landlord may not serve a Section 21 Notice unless certain prescribed requirements have been met in providing information to tenants. These include provision of the Energy Performance Certificate and Gas Safety Certificates for the property and also a copy of the Department for Communities and Local Government’s “How to Rent: the checklist for renting in England” which can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429420/HowToRent210515-digitalprint_May_2015.pdf
A landlord will not be able to serve a Section 21 Notice at the start of a tenancy. The Notice may not be served until 4 months have passed since the start of the tenancy.
A landlord will not be able to issue a Section 21 Notice where, before the service of such Notice, a tenant has made a complaint in writing to the landlord regarding the condition of the property and this has not been dealt with by the Landlord.
The requirement to end a tenancy on the last day of a period of the tenancy has been abolished and a Notice may terminate on any date provided at least 2 clear months’ notice has been given.
The new Section 21 Notice will only remain valid and enforceable by Court proceedings for 6 months from the date of issue for a fixed term tenancy and for 4 months from the date of issue for a periodic tenancy. This is a “use it or lose it” provision which means a landlord must opt to take Court proceedings swiftly after expiry of the Notice.
Please note. A new tenancy is defined as any newly created tenancy or replacement tenancy but not a statutory periodic tenancy that has rolled over from a fixed term tenancy created before 1st October 2015.
Advice
As part of our service, Chase Evans will issue EPC’s, Gas Safety Certificates and the government’s “How to Rent” document by email to all tenants of tenancies commencing on or after 1st October 2015 prior to commencement of the tenancy, we will also issue hard copies of these documents to the tenants on signing the tenancy. These documents will also be issued at the start of each subsequent renewal of the tenancy.
The new format Section 21 Notice - Form No. 6A will be used to terminate all assured shorthold tenancies and in order to ensure compliance with the requirement to provide tenants with the prescribed information additional copies of the EPC, Gas Safety Certificate and “How to Rent” document will be issued with Form No. 6A two months before the end of the tenancy.
What are the changes?
A landlord must use the new prescribed Section 21 Notice which is Form 6A contained in the regulations at http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf
A landlord may not serve a Section 21 Notice unless certain prescribed requirements have been met in providing information to tenants. These include provision of the Energy Performance Certificate and Gas Safety Certificates for the property and also a copy of the Department for Communities and Local Government’s “How to Rent: the checklist for renting in England” which can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429420/HowToRent210515-digitalprint_May_2015.pdf
A landlord will not be able to serve a Section 21 Notice at the start of a tenancy. The Notice may not be served until 4 months have passed since the start of the tenancy.
A landlord will not be able to issue a Section 21 Notice where, before the service of such Notice, a tenant has made a complaint in writing to the landlord regarding the condition of the property and this has not been dealt with by the Landlord.
The requirement to end a tenancy on the last day of a period of the tenancy has been abolished and a Notice may terminate on any date provided at least 2 clear months’ notice has been given.
The new Section 21 Notice will only remain valid and enforceable by Court proceedings for 6 months from the date of issue for a fixed term tenancy and for 4 months from the date of issue for a periodic tenancy. This is a “use it or lose it” provision which means a landlord must opt to take Court proceedings swiftly after expiry of the Notice.
Please note. A new tenancy is defined as any newly created tenancy or replacement tenancy but not a statutory periodic tenancy that has rolled over from a fixed term tenancy created before 1st October 2015.
Advice
As part of our service, Chase Evans will issue EPC’s, Gas Safety Certificates and the government’s “How to Rent” document by email to all tenants of tenancies commencing on or after 1st October 2015 prior to commencement of the tenancy, we will also issue hard copies of these documents to the tenants on signing the tenancy. These documents will also be issued at the start of each subsequent renewal of the tenancy.
The new format Section 21 Notice - Form No. 6A will be used to terminate all assured shorthold tenancies and in order to ensure compliance with the requirement to provide tenants with the prescribed information additional copies of the EPC, Gas Safety Certificate and “How to Rent” document will be issued with Form No. 6A two months before the end of the tenancy.
Section 21 Notices
Tags: Notice of eviction
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