There are some important changes to the Section 21 Notice that the landlord, tenant and agent all need to know.
If you want to be able to serve a Section 21 Notice you will have to have given the tenant :
- A copy of the Energy Performance Certificate of the property
- A copy of the DCLG how to rent guide
- A copy of the gas safety certificate
Without having proof of sending these things to the tenant, the section 21 notice will not be valid.
Changes to the Section 21 Notice
Time: The Section 21 Notice will not be valid unless it is served within the first four months of the tenancy.
Expiry: If actions are not processed within 6 months of the tenancy a Section 21 will be in valid to give to the tenants.
Form:The new form for Section 21 notice will be required for them to be valid.
Process: An acting agent or Landlord’s failure to provide evidence of required information to the tenants will result in an invalid Section 21 Notice.
Repairs: If all parties fail to follow the repairs agreement that has been set in place can invalidate the Section 21 Notice and also stop another being served for another six months.
What does this mean to Landlords and Agents who want to serve a new section 21 notice?
This means for Landlords and the agents that work on their behalf, the Section 21 notice has become more evidence based and it will mean that the whole process instead of being one action, it will be based up on the actions of the landlord or their agent.
What can be done?
Evidence of a proper paper trial, and following through of systems is key. We have now introduced a starter pack that we send all new tenants, that is sent by email if they consent to it. Which includes the EPC, gas safety certificate, and the how to rent guide.We prefer to send the pack by email as it is more efficient and also it is more traceable if it comes to serving notice on the tenants.
This picture shows the most basic changes.