By now most landlord and letting agents should be aware of the ‘prescribed form’ of Section 21 Notices –which was first introduced by the Deregulation Act 2015. The new prescribed form must be used where an assured shorthold tenancy was granted on or after 1 October 2015 in England. In order to serve a valid notice, there must also be compliance with the prescribed requirement (discussed in more detail at https://www.lplawfirm.com/gas-certificate-rights/).
We still receive a large number of enquiries from landlords who have served notice only to realise several months down the line that they have done so incorrectly and must start the whole process again. We would always advise that any notice served on a tenant should be professionally prepared from a reputable source.
The law in this area continues to evolve and from 1 October 2018, some of the requirements of the Deregulation Act will apply to all assured shorthold tenancies in England even those granted before 1 October 2015;
- The ‘retaliatory eviction’ provisions will apply to all assured shorthold tenancies in England from 1 October 2018
- Removal of requirement to expire notice at the end of a period
- Time limits when section 21 can be served – A section 21 notice cannot be served within the first 4 months and must be used within 6 months of service
- All Section 21 notices should be in the prescribed form
For further information, guidance or advice please contact Ashley Byrne of The Law Practice Landlord and Tenant team on 0121 778 2371 or email firstname.lastname@example.org
The purpose of this blog is to provide information and discussion. Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. Nothing on this website should be construed as legal advice or perceived as creating a solicitor-client relationship. Please note that we cannot give advice on individual’s situations or problems on this blog.