The rules around termination of assured shorthold tenancies are now quite different in England and Wales respectively. Landlords can find up to date guidance and the relevant forms in our Property Folder. The main differences between the English and Welsh regimes are outlined below.
Section 21 Notices
In England, a prescribed form of Section 21 Notice must be used, assuming the tenancy began after 1 October 2015. The prescribed form can also be used for tenancies created before this date. In Wales, there is no prescribed form.
Circumstances in which a Section 21 Notice Cannot be Served
There are some circumstances in which landlords are unable to serve a valid Section 21 Notice. Some of these apply in both England and Wales and some in only one of the jurisdictions:
England and Wales
- The tenancy deposit has not been protected in an authorised tenancy deposit scheme
- A HMO licence is required but has not been obtained.
- The landlord or agent are not registered with and licensed by Rent Smart Wales.
- The notice is served during the first four months of a tenancy
- The tenant was not given a valid energy performance certificate before the tenancy commenced
- The tenant was not given a current gas safety certificate before the tenancy commenced
- The tenant has not been given a copy of the most recent gas safety certificate
- The tenant has not been given a copy of the publication “How to rent: the checklist for renting in England” published by the Ministry of Housing, Communities and Local Government. This must be the up to date version as at the date the tenancy was granted or renewed (or became periodic)
- The local authority has served an improvement notice or an emergency remedial action notice in relation to the property under the Housing Health and Safety Rating System (HHSRS) within the last 6 months
- Before service of the Section 21 Notice, the tenant has made a complaint in writing about the condition of the property, which the landlord has not properly dealt with and, after service of the Section 21 Notice; the local authority serves a notice under the HHSRS.
There are separate claim forms for possession proceedings in England and Wales respectively, and separate defence forms, to take account of the different rules applying in each jurisdiction.
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