New Form Of Section 21 Notice: Key Points To Note

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.

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

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.

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.