Section 21 notice – all change – what you need to know

January 20, 2016

If you created a new six month tenancy beginning on or after the 1 October 2015 the time is drawing near when you will be able to serve the new Form 6A Section 21 Notice.

You must comply with the requirements of the Deregulation Act 2015 when serving this notice and take into consideration the following as you will not be able to reply on this notice if:-

– the deposit is not protected in the required time frame

– the property requires an HMO licence and does not have one

– the property does not have the required smoke and carbon monoxide alarms installed

– it cannot be evidenced that the tenant was given a copy of the gas safety record

– it cannot be evidenced that the tenant was given a copy of the EPC

– it cannot be evidenced that the tenant was given a copy of the prescribed leaflet; the How to Rent guide (please note that this document may change from time to time, so you should check the Government website on a regular basis)

– the notice is being served as a retaliatory action following a request for repairs

You will not be able to serve a Section 21 notice during the first four months of a tenancy and will not be able to issue proceedings based on a notice more than six months after it was served.  However you must simply now just provide two clear months’ notice, please don’t forget to take into consideration how you serve the notice, by hand, post etc and when you serve ie, will it expire on a working day or a weekend/bank holiday, this can impact the validity of your notice.

The new Section 21, which must be used for both fixed and periodic tenancies, is a prescribed format as set out by the Deregulation Act 2014; we would strongly advise that you do not make any changes to this form as it may invalidate the notice served.  Please note that this new form does not have to be used for tenancies entered into prior to the 1 October 2015 but should you choose to do so you should ensure that you have complied with the above check list.

 

Northwood Legal Services are happy to help with service of notices and issuing of possession proceedings and offer a competitive fixed fee pricing structure, for more information please call 01329 820420

 

 

Northwood Legal services is the trading name of  Ashley Taylors Legal Ltd, a Limited Company incorporated in England and Wales (registered number 8365937)  Ashley Taylors Legal Ltd is authorised and regulated by the Solicitors Regulatory Authority, registered no. 598249. VAT registration No. 155944580.  Registered office: 11 Horsted Square, Uckfield, East Sussex TN22 1QG

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