Update: New Changes to Section 21 Notices

From 1 October 2015, new changes have come into force that affect the way a landlord can bring an assured shorthold tenancy to an end. The changes have been brought in by the Deregulation Act 2015 and affect the service of section 21 notices.

For tenancy agreements entered into before 1 October 2015, a section 21 notice:-

• Can be served on a tenant at any time
• Must give at least 2 months notice, and cannot end sooner than the last day of the fixed term, if the tenancy is still in its initial fixed term period.
• Must give at least 2 month notice, ending on the last day of the period of the tenancy if the tenancy is a periodic tenancy (i.e. not within a fixed tem)
• Can be used to obtain a possession order at any time once the notice period given in the section 21 notice has passed (i.e. the notice itself has no expiry date)

For tenancy agreements entered into after 1 October 2015, the Deregulation Act 2015 introduces some fundamental changes. In such cases, a landlord must provide a tenant with:-

• A gas appliance safety certificate
• An energy performance certificate
• A government document entitled “How to rent: the checklist for renting in England” (this can be found at https://www.gov.uk/government/publications/how-to-rent)

In addition, from 1 October 2015 a section 21 notice:-

• Can only be served after the first 4 months of the tenancy agreement being entered into
• Must be in the new prescribed form
• Can only be used to obtain possession for a period of 4 months after the notice period given in the section 21 notice has passed

The requirement that the notice period ends on the last day of the period of the tenancy has not changed. For periodic tenancies, the landlord still needs to give at least 2 months notice. For tenancies still within the initial fixed term, the earliest date the notice period can expire is at the end of the fixed term, again giving at least 2 months notice.

For all tenancy agreements, the landlord must still provide the tenant with prescribed information relating to the deposit and its protection in a secure scheme

If a landlord fails to meet the new requirements for the section 21 notice then it is highly likely that the notice will be invalid. The landlord may not be able to obtain a possession order and may also need to serve a fresh section 21 notice.

Section 21 notices can become complicated – it is very important that the notice is in the correct format and specifies the correct date. We frequently come across invalid notices not prepared by someone who is legally trained and without necessary knowledge of this area of law. Failure to comply can be an expensive mistake for the landlord.

The Deregulation Act 2015 makes a number of changes to landlord and tenant law. As well as impacting on section 21 notices, it also changes the rules relating to deposits, prescribed information that needs to be provided to tenants and retaliatory evictions (by restricting a landlord’s ability to serve a section 21 notice in circumstances where the tenant has complained about the condition of the premises).

For more information on these changes and how they could affect you, please contact Annabel Mayer on 01284 727118 or email annabel.mayer@ashtonslegal.co.uk