As part of the deregulation Act 2015, there are a number of other important changes which all take effect from the 1st October 2015 specifically in the restrictions on serving Section 21 Notices. These restrictions however only affect tenancies created on or after 1st October 2015. All remaining assured shorthold tenancies in England will be swept under the new rulers on 1st October 2018.
- The document previously used for Section 21 Notices will no longer be valid and a new template notice will have to be used.
- Section 21 Notices now cannot be issued in the first 4 months of a tenancy.
- In the event that a tenant has paid an amount of rent in advance and a Section 21 Notice requires them to leave during the period paid for, the tenant is entitled to a refund of rent paid for the days they are not occupying the property.
- Section 21 Notice will only be valid for 6 months from the date of issue.
- For a Section 21 Notice to be valid, they must have provided tenants with the following at the start of the tenancy:
- A Gas Safety Certificate (if required)
- An Energy Performance Certificate (EPC)
- The Department for communities and Local Government “How to Rent – The checklist for renting in England” which can be downloaded by clicking here
What we’re doing to make sure you’re covered
We’ve amended our tenancy information pack we provide to new tenants to include the required documentation as set out in this new legislation. We provide this document together with the tenancy agreement and inventory. As part of the check in process, prior to handing over any keys, we ask for all occupants’ signatures to verify they have received all the documents the landlord must legally provide. Then once you issue a Section 21 Notice, if its eligibility is brought into question, the signed tenancy information pack can prove the tenants have received the necessary documentation.