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Changes to Section 21 Notices from 1 October 2018

September 2018

Changes to Section 21 Notice Procedure from 1 October 2018

We have updated our Guidance Notes on Section 8 and Section 21 Notices to reflect changes to the Section 21 possession procedure from 1 October 2018.

Prescribed Form of Section 21 Notice

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.

Rules for service of Section 21 Notices

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.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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