Landlords can serve a Section 21 Notice of Possession when trying to regain possession of a let property on an Assured Shorthold Tenancy. It’s important that both landlords and tenants are aware of recent legislative changes affecting their operation.
It is important to be aware of changes to the law on Section 21 and, in particular, how landlords deal with reported repair issues is now of crucial importance if Section 21 claims for possession are to be successful. The Section 21 eviction process for Assured Shorthold Tenancies (ASTs) in England and Wales is a very valuable concession for landlords, which not all jurisdictions give: it allows for no-fault eviction of tenants.
Understanding the Section 21 Notice of Seeking Possession
New legislation means that landlords and agents must fulfil some specific requirements if their section 21 eviction is to be successful. For any tenancy commencing on or after 1 October 2015:
- Tenants must be issued with a valid EPC;
- Tenants must be issued with a current Gas Safety Certificate – if gas is present;
- Tenants must be provided with the version of the government’s “How to Rent Guide”, current at the time of the commencement of the tenancy;
- Service within 30 days of the deposit being received, along with the scheme’s Statutory Notice and their information leaflet. The notice must refer to a clause in the tenancy agreement which explains the circumstance in which money can be deducted – usually damage, service charges and arrears of rent.
These documents must be provided at the time of the commencement of the tenancy, or in the case of the How to Rent Guide, at the very least, before a section 21 notice is served.
It is important to be clear with your tenants how formal communications can be made. For example, sending documents as attachments to emails is agreed. Service of notices should always be done in person or posted through the address letter box and independently witnessed. In each case the tenancy agreement should state how communications can be made. You always need documentary evidence that documents have been sent or served on tenants.
Section 21 Notice Changes
For any AST starting on or after 1st October 2015, a new form of section 21 notice is required and will not be valid if served during the first four months of an AST, and the notice will expire if court proceedings are not started within 6 months of service.
Landlords Guide to Section 21 Evictions
We have created a comprehensive guide for landlords, covering all aspects of section 21 eviction processes and how to go forward with these appropriately. You can download this document in PDF form by clicking here.
How Starck Uberoi can help
Starck Uberoi have a dedicated team of solicitors that specialise in Landlord and Tenant
law. We have assisted with over hundreds of landlords in their tenancy disputes. We suggest reading our Section 21 Evictions
page for more information. For further advice on our express 7-day tenancy eviction service, please call or email our estate planning team at email@example.com
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