New Form Of Section 21 Notice: Key Points To Note

Zahraa Valu

By Zahraa Valu

14 September 2015


Which tenancies are affected?

The new form of Section 21 Notice must be used for all tenancies of properties in England that start on or after 1 October 2015.
Until 1 October 2018 you can choose whether or not to use the new form of Section 21 Notice for tenancies that started before 1 October 2015.
If you choose to use the new form for tenancies that started before 1 October 2015 be aware that as most of the pre-conditions for validity (see below) will not apply to these tenancies use of this form may be confusing for tenants.

What are the pre-conditions?

For tenancies of properties in England that start on or after 1 October 2015 in order for the Section 21 notice to be valid the tenant must have been provided with:
  1. a copy of the EPC
  2. a copy of the gas safety certificate
  3. a copy of the DCLG how to rent guide
In addition, the Section 21 Notice will be invalid if:
  1. the landlord is carrying out a “retaliatory eviction” (see more here)
  2. the landlord has failed to properly protect any deposit provided by the tenant
  3. the property is requires a licence but is unlicenced

What Does This Mean For Landlords & Agents?

The upshot for landlord and agents is that the Section 21 process is becoming far more evidence based and I believe will be increasingly adversarial.  In short Section 21 is moving from a pure process to one that is impacted by the acts or omissions of a landlord or their appointed agent.

What Can You Do?

Evidence of compliance is key.  A number of agency directors we have spoken with are introducing a checklist to their check-in process so that tenants can sign to confirm receipt of the necessary documentation.
From 1 October, the Fixflo system is being upgraded to allow for the automatic compilation of repair requests and responses (both immediate and enhanced) so that evidence of compliance with the new prescribed repairs process can be easily produced if required.

Call 020 7183 1222 now to book a free 20 minute demonstration of the Fixflo system


This article is intended for information purposes only and does not constitute legal advice. If you have any questions related to issues in this article, we strongly advise contacting a legal professional.
These blog posts are the work of Fixflo and are licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License. In summary, you are welcome to re-publish any of these blog posts but are asked to attribute Fixflo with an appropriate link to Access to this blog is allowed only subject to the acceptance of these terms.

Zahraa Valu

By Zahraa Valu

14 September 2015

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