On 1 October 2015, big changes were made to section 21 of the Housing Act 1988 for tenancies in England.
These changes were brought in by the Deregulation Act 2015 for tenancies that came into effect or were renewed on or after the 1st October 2015. The notable provisions were as follows:
- The introduction of a new section 21 Notice (form 6A).
- Compliance with the Tenancy Deposit Scheme (“TDS”).
- The Requirement to have given the tenant a gas safety certificate before the tenancy commences.
- The requirement to have given the tenant an EPC before the tenancy commences.
- The requirement to have given the tenant the ‘How to Rent Checklist’ before the tenancy commences.
- Limiting the time to enforce a section 21 notice to six months after the date of service.
- The removal of the requirement to expire a section 21 notice under a periodic assured shorthold tenancy ‘after the end of a period of the tenancy’.
From 1 October 2018 these rules will apply to ALL tenancies. This includes tenancies granted before October 2015.
The only exception is the requirement to provide the How to Rent Guide (because this did not exist before October 2015).
These requirements make it more onerous for landlord to evict tenants and make the service of a section 21 notice even more important than ever before.
If you require further advice on these changes and how they can effect you please contact Anton Bilinski who is able to guide you through these changes and act for you when a landlord or tenant dispute arises.