On Monday 1 October, changes to the Section 21 notice come into force that will affect letting agents and landlords in England.
This will require all Assured Shorthold Tenancies (ASTs), regardless of their start date, to comply with guidelines as to when and how a landlord can serve a Section 21 notice, used to terminate a tenancy agreement.
On 1st October 2018, letting agents and landlords need to stop using their existing notices. Moving forward, agents will be required to use Form 6A when issuing a Section 21 notice. This form, prescribed by Government, combines the two previous types of notices into a single notice, and will serve both periodic and fixed-term tenancies.
There are some additional things letting agents should be aware of under the Deregulation Act 2015, and if you wish to issue a Section 21 notice you should also:
- Share the ‘How to rent: the checklist for renting in England’ guide with tenants
- Ensure the property has an up to date Gas Safety Certificate, and it has been given to tenants
- Publish the property’s Energy Performance Certificate
- Issue tenants with the prescribed information regarding their tenancy deposit protection
- Provide a copy of the property licence (if applicable) to all the tenants.
When issuing documents, ask tenants to sign to confirm receipt or to send an acknowledgement email if documents are emailed. This will help if an eviction is challenged and goes to court.