Changes to Section 21 Notices from 1st October 2018
01 Oct 2018
At Paramount Properties, we pride ourselves in having a team of 10 fully qualified members of staff, who have studied and passed their NFoPP "Lettings & Property Management" qualification. This means that we are able to bring you news of any legislative changes as soon as they happen.
Yesterday, 1st October 2018, the Deregulation Act 2015 amended the serving of notices, not just to new tenancies (as per the 2015 laws) but for ALL assured shorthold tenancies. If you have a periodic or renewed fixed term tenancies you must now follow the new laws on serving notices.
Please be assured that all of our PARAMOUNT PROPERTIES managed properties will follow this to the letter:
Prior to Serving the New Section 21 Notice - Form 6a
There are various pre-conditions to serving a section 21 notice under the new procedure. Under the new procedure, a section 21 notice cannot be served where:
1. A landlord has failed to comply with Tenancy Deposit Protection legislation;
2. A landlord has failed to provide an Energy Performance Certificate (“EPC”) to the tenant before the tenancy commences;
3. A landlord has failed to provide a Gas Safety Certificate (“GSC”) to the tenant before the tenancy commences;
4. A landlord has failed to provide the tenant with the prescribed information on how to rent;
5. A Landlord is deemed to have served the notice as a ‘retaliatory eviction’.
New Section 21 Notice
Under the new provisions, a section 21 notice cannot be served in relation to a fixed term Assured Shorthold Tenancy (“AST”):
1. within four months from the beginning of the AST, or
2. in the case of a replacement AST, within four months from the beginning of the original AST.
A notice must be served under HA 1988, para 21(1) or (4), under the new procedure, must be in writing using the new prescribed Form No 6A. The new Form No 6A states that the landlord should allow two days for service if being sent by ordinary first-class post. This must be considered alongside any service of notice provisions in the tenancy agreement itself.