Tim’s blog: September 15
New section 21 (s. 21) regulations, rules and notice
There are a number of new laws coming into effect this autumn. Probably the most discussed, along with the provision of smoke and carbon monoxide alarms in rented properties (which as I write this, have been shelved) are the changes to serving s.21 notices.
From 1 October, the Deregulation Act 2015 and The Assured Shorthold Notices and Prescribed Requirements (England) Regulations Act 2015 will come into force.
The new s.21 regulations will apply to all ‘new’ assured shorthold tenancies starting after 1 October. This includes a renewed tenancy, where a fresh AST is issued with a new fixed term, but not a statutory periodic tenancy which is excluded.
The main changes are as follows:
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There is a new prescribed form for the s.21 notice, available here - http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf
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Retaliatory eviction – landlords must deal with repair issues in a prescribed fashion and cannot issue a s.21 notice to take possession of the property if the tenant has requested a repair which has not been undertaken.
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Start Date – the s.21 notice cannot be served until four months into the tenancy.
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End Date – after being served the s.21 notice is only valid for six months from the issue date although it will not have to expire on the last day a tenancy period.
Other paperwork – the following must also be provided to enforce a s.21 notice:
These changes in the way s.21 notices should be served will trip up those who do not fully understand the requirements. My only advice to Members as a practicing solicitor is to be careful if your landlords ask you to serve s.21 notices on their behalf. If you are in doubt, take legal advice, as you do not want to cause problems with the service of the notice and delay the eviction process. This could result in a claim against you for not providing the correct advice or service.
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