Changes to Section 21 Notices
8th January 2019
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On October 1 the rules surrounding Section 21 eviction notices changed, affecting many thousands of tenancy agreements across the UK.

To help you understand the new regulations, and how they affect your rights, we have produced the following guidance for our landlords and tenants.

The Deregulation Act 2015, which covers Section 21 eviction notices or “no-fault evictions”, has been widened to include tenancy agreements signed before October 1, 2015. Previously, the law only covered assured shorthold tenancies (ASTs) and periodic tenancies signed after October 1, 2015.

Section 21 notices state that landlords must give tenants at least two months’ notice to vacate a property once the fixed-term has expired. Landlords don’t need to give a reason, but must fill out a Form 6A to serve a Section 21 notice. The form combines the two previous notices into a single notice for both periodic and fixed-term tenancies.

There are also some time constraints, Section 21s are only valid for six months and cannot be served in the first four months of an AST.

To comply with a Section 21 notice, landlords must also provide tenants with a copy of the Government’s How to Rent guide plus an up-to-date energy performance certificate (EPC) and gas safety certificate before the tenancy begins. They need to tell tenants where their deposits are being held and, if a property is licensed, supply a copy of the licence.

The changes have been made following calls on the Government to end “no-fault evictions” in order to give private tenants more security.

David Cox, chief executive of ARLA Propertymark, has urged landlords and letting agents to comply with the new rules. He said: “The Deregulation Act 2015 makes the will of Parliament clear – these documents should be served – so it’s easier to comply with the spirit of the law rather than rely on a potential legal technicality.

“These changes highlight so clearly that the current system is a mess which must be simplified and improved. We call on the Government to bring forward its promised call for evidence on a new housing court and work with us to build a system fit for today’s private rented sector.”

If you need advice about your buy-to-let property, call Knight Property Management today on 01992 308181.

About the Author

Jan and David

Member since: 22nd April 2012

Award-winning letting agents and chartered surveyors regulated by RICS and ARLA.

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