ARLA and repairs software specialist Fixflo have released a set of timelines to help agents to get to grips with the changes to Section 21 that took effect for every new tenancy in England that started on or after October 1.
The timelines highlight the importance of providing an “adequate response” to each and every repair request received if an agency or its landlord client wishes to have certainty that a Section 21 Notice cannot be retrospectively invalidated.
ARLA managing director David Cox said: “It has become apparent through speaking to our members that the full scope of the changes has not been fully understood across the industry.
“Put simply, if you provide what the legislation considers to be an adequate response to every repair request then any Section 21 Notice that you serve cannot be invalidated for being retaliatory.
“While each agency will need to make its own assessment of the legislation as the law remains subject to interpretation by the courts, in the absence of further government guidance we consider that the Fixflo method for handling the need to provide an adequate response constitutes best practice for the lettings industry.”
Landlord and tenant legal expert Tessa Shepperson said: “I’m a trained lawyer who specialises in this area of law and it took me several hours to fully get to grips with these changes which should, if properly drafted, have been readily understood by non-lawyers.
“While it’s still open for the courts to interpret the legislation as they see fit, providing an adequate response to every repair request and being able to evidence that response is the best way for anyone managing a property, whether landlord or agent, to protect their business.”
Due to the new timing restrictions on the service of a Section 21 notice for affected tenancies, the first cases under the new rules will not reach the courts until next April.
To download and print a copy of the timelines please visit www.fixflo.com/Section-21
Comments (2)
It’s not that straight-forward for the tenant to ‘acquire’ a notice. If they complain to the council, there must first be a full inspection of the property under the HHSRS and there is a legal requirement to give the landlord at least 24 hours notice.
After that, an improvement notice would only be served if there are any serious (category 1) or higher level category 2 hazards, and emergency remedial action would only be taken if the occupants are deemed at imminent risk. In practice, provided the property is well managed, there should be no need for the council to serve a ‘relevant notice’.
It would appear according to Timeline No1 we now all have to be psychic. It seem a tenant can acquire a ” Relevant Notice” to stop a landlord servicing a section 21 without even having to report the repair to the landlord/agent in the first place. I know the government seem hell bend on destroying the rental market but surely this is a step too far