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Government releases new Section 21 form

RLA
Written by RLA

A new Section 21 form has been released. New regulations will require landlords to provide tenants with EPC’s, Gas Safety Certificates, and now a DCLG Booklet on “How to rent” to be eligible to serve a ‘No Fault’ Section 21 eviction notice. The new regulations will apply to new tenancies from 1st October 2015, and then to all tenancies will be impacted from October 1st 2018…

A new Section 21 form has been released. New regulations will require landlords to provide tenants with EPC’s, Gas Safety Certificates, and now a DCLG Booklet on “How to rent” to be eligible to serve a ‘No Fault’ Section 21 eviction notice.

The new regulations will apply to new tenancies from 1st October 2015, and then to all tenancies will be impacted from October 1st 2018.

The Statutory Instrument can be viewed in full here “The Assured Shorthold Tenancy notices and Prescribed Requirements (England) Regulations 2015”.

The new regulations will require landlords to serve relevant bits of information to tenants in order to be eligible to serve Section 21(1) or Section 21(4) notices.

Crucially:  The notice cannot be served until 4 months after the tenancy starts and cannot be used 6 months after it has been served at which point a fresh one would need serving. The notice cannot be served for 6 months after a local authority has served an improvement notice or carried out emergency remedial action

The important regulations also include:

Regulation 2 – Compliance with prescribed legal requirements:  this gives landlords the legal responsibility to provide the tenant(s) with a relevant Energy Performance Certificate (EPC) and gas safety certificates.

If a landlord does not provide this information tenants are not responsible for conforming to the 28 day period notice to quit.

Regulation 3 – Requirement for landlord to provide prescribed information: in this instance the information is the Department for Communities and Local Government (DCLG) document titled “How to rent: the checklist for renting in England”.

You can access the document by clicking here: https://www.gov.uk/government/publications/how-to-rent

Under regulations, landlords are required to provide the most up to date version of the document at the beginning of tenancies – they are not required to provide updated version during the tenancy or if the tenancy becomes a ‘replacement tenancy’ (that is, when a tenancy renews with same tenants, landlords and basis of tenancy agreement).

Interestingly the regulations allow landlords to serve the DCLG “How to rent” document electronically – via e-mail – if the tenant(s) agree to it.

The new form, and explanatory note can be found here: http://www.legislation.gov.uk/uksi/2015/1646/contents/made

Pdf version: http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf

 

About the author

RLA

RLA

The Residential Landlords Association (RLA) represents the interests of landlords in the private rented sector (PRS) across England and Wales. With over 23,000 subscribing members, and an additional 16,000 registered guests who engage regularly with the association, we are the leading voice of private landlords. Combined, they manage almost half a million properties.

5 Comments

  • why should landlord suffer, if you fail to pay your rent, ie 1 month late you should be able to evict them within 7 days. that’s a fair change to policy and weed out trouble tenants who play the system just to get a free roof over their heads, they are criminals and should be charged in a criminal court for theft of public funds if they receive housing benefit and spend it on other things instead.
    thats the law that should change to protect the landlords and their investment, because at the end of the day its landlords who loses at all time no one else, because courts still make money from landlords as well. what a criminal state we live in.

  • even the council has now charged landlord for renting out heir property? what a joke ?

    landlord will end up losing their property as no profit will be left as tax man kicks in after that, to take a slice of your earnings.

  • why don’t we just hand over our property to the local council and government for free.
    let them enjoy the fruits of our labor.
    and we can go back to being slaves for the rich (government).
    and die poor

  • oh by the way i am a housing officer, so i am making sense as i have seen the joke system the tenants, courts, government plays to make money

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