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27Sep Changes to Section 21 Notices on 1st October 2018

Changes to Section 21 Notices on 1st October 2018

Blog from the dogs Maxine Lester TED! Come here, you’ll never believe what the postman has just delivered.

Blog fromt he dogs Maxine LesterPlease let it be a large juicy bone!

Blog from the dogs Maxine LesterNo, it’s not a treat today.  It’s a note from our landlord, I can’t believe this is happening!

Blog fromt he dogs Maxine LesterNow I am intrigued, what is it?

Blog from the dogs Maxine LesterOur landlord wants us to leave our kennel, he says we need to be out by Monday.

Blog fromt he dogs Maxine Lester

Well, that’s just ridiculous, we can’t leave our lovely kennel, we’ve only just moved in.

Blog from the dogs Maxine Lester

And you know that last week the Gas Engineer said our boiler wasn’t working.

Blog fromt he dogs Maxine Lester

What’s that got to do with anything?

Blog from the dogs Maxine Lester

Ah well, I have just phoned Maxine and she says we don’t have to leave because we have not received a current Gas Record AND we get 6 months of this fab pad, because notice cannot be given until 4 months in!  Haha!

So from Monday 1st October 2018 the law changes and ALL TENANCIES must conform to the new legislation regarding the serving of notice to regain possession of a property rented on an Assured Shorthold Tenancy:

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:

  • A landlord has failed to comply with Tenancy Deposit Protection legislation;
  • A landlord has failed to provide an Energy Performance Certificate (“EPC”) to the tenant before the tenancy commences;
  • A landlord has failed to provide a Gas Safety Certificate (“GSC”) to the tenant before the tenancy commences;
  • A landlord has failed to provide the tenant with the prescribed information on how to rent.; and
  • 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”):

  • within four months from the beginning of the AST, or
  • 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.

 

The Association of Residential Letting Agents (ARLA) have produced a handy download, which you can get here.