Provisions effective from 1st October 2015:
The Deregulation Act provides a provision for a prescribed Section 21 (S21) form to be introduced and now under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 a prescribed section 21 notice must be used for all tenancies granted on or after 1st October 2015.
A prescribed form cannot be issued to the tenant within the first four months of the original tenancy so effectively landlords or agents will not need to serve the notice until February 2016 for tenancies created in October 2015.
Our understanding is that the new rules do not include statutory periodic tenancies which come into effect on or after 1st October 2015 where the original tenancy was created prior to this date. This is also the case for contractual periodic tenancies where the original tenancy (created prior to 1st October 2015) contained a provision for the fixed term to become periodic upon expiry.
The Deregulation Act removes the requirement for a periodic tenancy section 21(4) notice to end on the last day of a period of the tenancy in England for tenancies created on or after 1st October 2015. Section 21 Notice Time Limits for tenancies created on or after 1st October 2015 Where two months notice is required for periodic or fixed term tenancies the landlord has 6 months from the date of issue of the s21 notice to commence possession proceedings.
Where more than two months’ notice is required for a periodic tenancy the landlord has four months from the date of expiry of the s21 notice to commence possession proceedings. Repayment of Rent For tenancies created on or after the 1st October 2015 the Deregulation Act provides a statutory requirement for repayment of rent to the tenant where the tenant has paid rent in advance and the section 21 notice requires possession part way through the advance payment period.
The tenant must not have been in occupation of the property for one or more whole days of that period. Retaliatory Eviction For tenancies created on or after 1st October 2015 landlords will not be able to serve a section 21 notice for a period of six months following service of a disrepair notice from the local authority.
A section 21 notice will be invalid where it has been given after the tenant’s complaint regarding the condition of the dwelling house and the landlord has failed to provide an adequate written response within 14 days of the complaint.
Prescribed requirements For tenancies created on or after 1st October 2015 landlords will not be able to serve a section 21 notice where they have not complied with prescribed requirements and provided the tenant with certain information such as:
- Forwarding a copy of the energy performance certificate
- The gas safety certificate (where required)
- A copy of the Department of Communities and Local Government’s How to Rent Guide to the tenant.
These documents should be provided to the tenant at the start of the tenancy.
Should you wish to dicuss any of the above in more detail, please contact our Beccles office on 01502 470 193 or email info@olivers.co.uk
