Landlords should by now be aware of the requirements of the De-regulation Act 2015, but…..!
Small but important changes were made to the Housing Act in October last year (2015) which came into effect in October 2015 and matter to anyone who is a Landlord.
Despite these changes being 8 months old, our Legal Team are constantly coming across issues which preclude them from serving a compliant Section 21 Notice. These issues are solely down to the fact that the landlord has not followed the prescribed procedure when setting up a new tenancy (after 1st October 2015).
This article is written as a reminder to help you observe these very important rules, otherwise you run the risk of causing yourself serious financial issues when you come to wanting to gain possession of your property.
Take Note in relation to the changes to the Section 21 Notice which means;
1) A Section 21 cannot be issued until the fixed term of the tenancy is at least 4 months old – this stops the old practice of issuing a Section 21 at the outset of the tenancy.
2) Landlords cannot issue a Section 21 Notice if an EPC Certificate has not been presented to the prospective tenant at the outset.
3). Landlords cannot issue a Section 21 Notice if the tenant has not been given the governments “How To Rent Guide” (free download at our sister company Brilliant Landlords (www.brilliantlandlords.co.uk)
4). Landlords must have a a valid Gas Certificate(s) for properties with gas installations.
5). The Section 21(4)(a) is now obsolete – the new Section 21 is now a prescribed form which you must use for issuing notices.
Some Good News For Landlords
Probably the best thing to come out of this for landlords is the clarification of Section 21(4)(a) which in the past meant that you needed to be a mathematical genius to correctly calculate the notices expiry date, now two months means two months, not three months!