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Reminder to Landlords and Agents - Section 21 Reforms Apply to All ASTs in England from 1 October 2018

On 1 October 2015 a prescribed form of Section 21 Notice was introduced for properties in England. Initially, use of the prescribed form was mandatory only for tenancies granted on or after 1 October 2015. From 1 October 2018, the prescribed form must be used to terminate all assured shorthold tenancies, regardless of when they were entered into.

Other rules were introduced on 1 October 2015 relating to the service of Section 21 Notices. These rules cover:

  • • Not serving a Section 21 Notice in the first 4 months of a tenancy
  • • Starting possession proceedings within 6 months of the date of service of the Section 21 Notice
  • • A ban on “retaliatory eviction”
  • • A requirement to provide tenants with a valid energy performance certificate, a current gas safety certificate and a copy of the publication “How to rent: the checklist for renting in England” published by the Ministry of Housing, Communities & Local Government.

Again, these rules originally applied only to tenancies granted on or after 1 October 2015. However, from 1 October 2018 they apply to all assured shorthold tenancies, even those granted before October 2015.

Landlords and agents should now ensure that all Section 21 Notices are drafted using the prescribed form of Notice and that the conditions mentioned above are complied with. For more information please refer to our Guidance on Section 8 and Section 21 Notices and our template Section 21 Notice for properties in England, available here on the Simply-Docs website.

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