Senior Solicitor, Joshua Briggs, advises landlords on the new requirements for serving a Section 21 Notice.
The requirements on landlords of residential property have changed recently, particularly with regard to serving Section 21 Notices.
The 1st February 2016 was the first day on which a Section 21 Notice could be given to terminate an Assured Shorthold Tenancy which began on or after the 1 October 2015. However, there are a number of requirements that landlords must have fulfilled before a Section 21 Notice can be served. These are:-
Any deposit taken must have been protected within 30 days of receipt and the “prescribed information” given;
Each tenant must have been given a copy of the property’s Energy Performance Certificate;
Each tenant must have been given a copy of the Gas Safety Check at the start of the tenancy and each subsequent annual check;
Each tenant must have been given a copy of the “How to rent” booklet; and
There must be no outstanding complaints from the tenant about the condition or state of repair of the property.
Only if all of the above have been complied with can a Section 21 Notice be served.
It is important that landlords comply with these requirements but it is also important to be able to evidence compliance with the requirements in order to serve a valid Section 21 Notice and, subsequently, to ensure a Possession Order is obtained.
Naturally, if you're unsure about any element of landlord and tenant legislation, we recommend that you seek professional legal advice. Simply contact any member of our landlord and tenant team and we will be happy to help.