The New Section 21

Following the Deregulation Act 2015 a new section 21 form has been released. The new regulations apply to tenancies that start on or after 1st October 2015 and then to all tenancies from 1st October 2018.

The most crucial change is that a section 21 cannot be served until 4 months after the tenancy starts and cannot be used 6 months after it has been served. If a landlord wishes to impose the section 21 after 6 months, then a fresh section 21 will need to be served.

If a tenant has made a complaint about the condition of the property and the local authority has served an enforcement notice, the landlord cannot serve a section 21 for 6 months.

Before serving a section 21 the landlord must provide the tenant with a relevant Energy Performance Certificate, Gas Safety Certificate and the booklet ‘How to Rent; the checklist for renting in England

Landlords must provide the most up to date version of the document at the beginning of tenancies but not when during the tenancy or if the tenancy becomes a ‘replacement tenancy’ whereby a tenancy renews with the same tenants, landlords and tenancy agreement. If the tenant agrees the document can be sent via email.

If you require any further advice on section 21 or any other landlord and tenant matter please get in touch by using our online form or calling 01536 276300.