What you need to know about the new section 21 notices

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On 1 October 2015 the rules surrounding section 21 notices changed. Here is what you need to know about the new regulations.

What is a section 21 notice?

Under section 21 of the Housing Act 1988, a landlord can give his or her tenant a notice requiring possession of the premises that have been let on an Assured Shorthold Tenancy (AST).

What has changed?

From 1 October 2015 the Deregulation Act 2015 and Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 have come into force, changing the prescribed form of a section 21 notice.

If a landlord in England wishes to regain possession of his or her premises, and the AST was entered into on or after this date, he or she will be unable to do so unless they have provided their tenant with a gas safety certificate, an energy performance certificate and the booklet ‘How to rent: the checklist for renting in England (Department for Communities and Local Government).

Furthermore, a section 21 notice cannot be used where the tenant has not been in the property for more than 4 months. Landlords cannot evict tenants in retaliation for the tenant making a complaint in writing regarding the Property, nor if they have not protected the tenant’s deposit in a TDS.

The form used for section 21 notices has also now changed, and landlords will only have 6 months from the expiry of the section 21 notice within which to bring possession proceedings, should the tenant fail to vacate.

These changes apply to ASTs for now, however from October 2018; they will apply to all tenancies.

How can we help

At Aston Bond our experienced team of solicitors have advised a plethora of landlords on serving section 21 notices and issuing possession proceedings. If you are a landlord that wishes to regain possession of your premises, call us today on 01753 486 777 or pop into our offices at Windsor Crown House, 7 Windsor Road, Slough, SL1 2DX, where a member of our friendly team will be on hand to assist.