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Section 21 Notices 2018 Changes

Section 21 Notices 2018 and what they mean for landlords and tenants

Landlord News by: Madalena Penny

In a bid to reform the private rented sector, new regulations affecting the eviction of tenants under Section 21 have been changed. If you are a landlord or a letting agent, not adhering to the new legislation is going to cause you a lot of stress.

Under the old regulations, a Section 21 Notice could be served upon a tenant without much discrimination. As long as the tenant’s deposit was placed in the correct deposit scheme in the correct manner, a Section 21 Notice could be given to terminate the tenancy regardless. Unfortunately, many an unscrupulous landlord would use this loophole to evict tenants who reported the need for property repairs or who had other valid tenancy and property complaints.

The NLA (National Landlord Association) are calling on local authorities to provide a detailed plan on how they are going to implement and promote the changes and organise tenants’ complaints to confirm they are legitimate.
Richard Lambert, Chief Executive for the NLA said:
“These kinds of evictions are extremely rare but we have to make sure that complaints by tenants don’t just get lost in the system, regardless of whether they are legitimate or not.”

Under the Deregulation Act 2015 landlords who have been issued with repairs to their properties and upon been referred to the local authority, can no longer serve a Section 21 Notice.

To correctly serve a Section 21 Notice, certain measures must be taken.

  • Tenant’s deposits must adhere with the TDS;
  • The landlord or letting agent has provided a valid EPC to the tenant at the start of their tenancy;
  • The landlord or letting agent has provided an annual Gas Safety Certificate to their tenant;
  • The landlord or letting agent has provided the tenant with the Government’s ‘How to Rent Guide’.

Also, under these new provisions made to Section 21, notices cannot be served within 4-months from the beginning of the tenancy and must be followed through using the new prescribed For 6A. Another change to the Notice surrounds the time allocated if landlords or agents proceed for a possession order. Under the new rules, proceedings cannot begin 6-months after the Section 21 Notice has been served.

 

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