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Landlords, section 21 notice legislation changes on Monday 1st October 2018

27 Sep 2018
Landlords, section 21 notice legislation changes on Monday 1st October 2018

On 1st October 2018, legislation for serving notice to regain possession of a rental property becomes law for ALL UK TENANCIES, so if you are a Landlord anywhere in the UK, please ensure you are aware of this legislation.

If you are a Landlord in Ealing or surrounding areas, please contact us for a full detailed explanation of this legislation, to ensure that you get it right.

You can find our contact details here.

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 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.; and
  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.

ARLA – The Association of Residential Lettings

Have prepared a download to confirm the legislation changes, which came into force on 1st October 2015 for new tenancies, and now 1st October 2018 will be relevant to ALL tenancies.

You can download this here.

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