Section 21 – What you need to know

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Important changes to Section 21

Failure to follow the prescribed processes for managing repairs under the Deregulation Act 2015 could affect your ability to validly serve a Section 21 Notice.

If you manage properties, make sure that you and your team know the new processes so that you aren't caught out.

Don’t panic but do prepare. The new law will came into force for all new tenancies in England that started on or after 1 October 2015.  Put processes in place that ensure you remain compliant.

1. New Timeframes For Serving A Section 21 Notice

You will not be able to validly serve a section 21 notice within the first four months of a tenancy and a section 21 notice will be invalid if proceedings are not issued within 6 months of service.

2. Section 21 Is No Longer Just Procedural

The acts or omissions of a landlord or their agent can prevent a section 21 notice from being validly served.

3. The Key To Compliance Is Process

With a check list of information to be provided to a tenant and a clear time limited repairs process set out you should get set now to avoid business risk in the future.

Comments from industry experts

Robust maintenance plans and the provision of thorough processes for repairs handling is essential to every letting agency.

While each agency will have to make its own assessment of the merits we consider that Fixflo’s solution is best practice for managing repair requests.
David Cox, Managing Director of the Association of Residential Letting Agents (ARLA)

The Deregulation Act 2015 has marked a sea change in the way in which landlords can behave when confronted by a genuine disrepair issue raised by a residential tenant. It is now vital that landlords and their professional advisors have in place systems to respond quickly to a tenant’s complaint no matter how trivial that complaint may seem at the outset.

The Fixflo system will ensure a more immediate response ensuring that the position of the landlord is not needlessly prejudiced no matter how demanding the tenant might be.
Robert Bolwell, partner and head of the Landlord & Tenant practice group at Dutton Gregory Solicitors

More free resources

Here are some great free resources on the changes to Section 21:

This article and the documents linking from it are subject to the Fixflo Blog Post Terms available here

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