On Monday, changes to the Section 21 notice come into force for letting agents and landlords.
This will require all Assured Shorthold Tenancies (ASTs), regardless of their start date, to comply with guidelines as to when and how a landlord can serve a Section 21 notice, which enables them to terminate a tenancy agreement.
When issuing a Section 21 notice, landlords and agents will now be required to use Form 6A. The form, prescribed by Government, combines the two previous types of notices into a single notice for both periodic and fixed-term tenancies.
Therefore, landlords and agents should stop using their existing notices on Monday (October 1).
In addition, under the Deregulation Act 2015, landlords and agents wishing to issue their tenants with a Section 21 notice should:
- Ensure they have shared the ‘How to rent: the checklist for renting in England’ guide with tenants;
- Make sure the property has an up to date Gas Safety Certificate and the tenants have seen it;
- Publish the property’s Energy Performance Certificate (except when the property isn’t required to have one);
- Inform tenants which scheme their deposit is protected in;
- Where the property is licensed, provide a copy of the licence to all of the tenants.
To help members and non-members, ARLA Propertymark is offering a dedicated course on ending residential tenancies, which will aim to help letting agents understand the changes to the Section 21 notices, and what it means in practice.
Additionally, members can contact ARLA Propertymark’s Legal Helpline if they need further guidance, and fact sheets are available for members to download from the website.
David Cox, chief executive of ARLA Propertymark, said: “When the changes come into effect, it’s important agents are executing effective Section 21 notices when necessary.
“There is a legal question over whether the additional documents need to be served on pre-October 2015 tenancies, but it’s very unlikely that a judge would throw out a case on the basis that an agent has provided the tenant with too much information.
“A test case before the courts is probably required to determine exactly what needs to be served for these tenancies.
“Therefore, we think that the safest course of action for letting agents is to serve all the documentation when issuing a Section 21 notice.
“The Deregulation Act 2015 makes the will of Parliament clear – these documents should be served – so it’s easier to comply with the spirit of the law rather than rely on a potential legal technicality.
“These changes highlight so clearly that the current system is a mess which must be simplified and improved.
“We call on the Government to bring forward its promised call for evidence on a new housing court and work with us to build a system fit for today’s private rented sector.”
Information overload or what!
The reality is that tenants are very unlikely to read any of these documents; maybe a cursory look at the EPC rating and peek at the pass box on the gas cert, but all rather pointless as tenants see little value in them.
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why should it need a test court case to find out what are the correct documents to give?
It should be clear and unambiguous list in the legislation.
Which How to rent checklist? the latest, or some other stupid edition?
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why is there no EDIT button??????
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It is not a matter of the correct documents, it is whether the new Section 21 is valid if docs were not given where a tenancy started pre October 2015. Hence the suggestion to apply a belt & braces approach.
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We already have a court decision which suggests you cannot give the GSR after the initial tenancy has started, so in theory that maybe a sticking point for pre 1st October 2015 tenancies.
Maybe worth including a covering letter for any possession forms to the courts, which explains that this is pre 1st October 2015 tenancy and that not all the Deregulation Act compliance requirements apply with reference to the legislation.
Touch wood, thus far, I have not had any issues with the ones I have help submit.
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As for the gas safety cert issue, I wonder if a renewing a tenancy will sort this out as the tenant would have be given a cert prior to signing the renewal document.
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In theory, I think YES, if you took recent court decisions such a Superstike as an example i.e. new tenancy
The question would be, is a tenant is going to agree to a new tenancy, if they are aware that you maybe looking to serve a S21?
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Just suggesting an avenue to maybe get by the initial error. I doubt a tenant will be assuming this is a landlords intention as it would be odd to assume the opposite to what an extension implies. From the landlord’s side, they will simply be covering a loose end.
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Darrell,
I did exactly that on court forms 2 months ago, handwritten note advising judge/clerk that tenancy went periodic in June 2014 therefore cannot be subject to the rules for post October 2015 tenancies – it worked (on this occasion!)
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