To obtain possession of a residential property let subject to an Assured Shorthold Tenancy you have the straightforward option of serving a Section 21 notice. This notice can be served for any reason if the tenancy is coming to the end of a fixed term, or indeed if it is a periodic (rolling) tenancy.
Whilst the process is simple, notice must be given in a prescribed format and from the 1st October 2018 this has once again changed. Previous changes were made in 2015.
In order to serve a valid Section 21 notice Landlords must first ensure that they have complied with the following: –
The landlord must have given the Tenant a copy of ‘How to rent: the checklist for renting in England’. This publication is issued by the Department for Communities and Local Government.
If the property has any mains gas or LPG fuelled heating systems or other appliances, then an up to date Gas Safety Certificate must be in place and a copy sent to the Tenant.
If the property requires an Energy Performance Certificate – and most do – then the tenant must have access to the most up to date and valid copy. Be careful with EPCs as they are valid for ten years and many are now ten years or older.
Tenants must have been made aware of which scheme their security deposit is held with.
If the property is licensed – such as an HMO – the Tenants must have seen a copy of the licence.
The new Section 21 notice can be found on the Government website or alternatively you can ask us to serve the notice correctly for you; we will happily do this whether it is for a property that we have dealt with in the past or not.
If you have any questions on this article, please contact Richard Banks on 01299 891 905 or via email firstname.lastname@example.org