New rules, as part of The Deregulation Act, were introduced on 1 October 2015, this Act added steps to the process of possession by Section 21.
The Act states that in all cases of possession, for a Section 21 to be valid, the landlord must have provided the tenant with copies of the following documents when the tenancy commenced:
- The EPC (Energy Performance Certificate, this can be found on the “EPC Register” online if there is one).
- A valid gas safety certificate, if there is gas in the property.
- The most up to date version of The Department for Communities and Local Government’s publication “How to rent: the checklist for renting in England” (this can be found on the .Gov website online).
You cannot serve a section 21 within the first 4 months of a tenancy. For a renewed tenancy, it can be served at any time.
Proof that the above documents have been provided to the tenant will be required.
Deposit Refund Advice
To serve a valid section 21 the deposit should have been protected within 30 days of being paid, if not it must be refunded in full.
Alternately, you can offset it against rent owed or property damage with the tenant(s) agreement – Evidence of the full refund will be needed for court.
If the deposit was protected within 30 days, the deposit Prescribed Information must have been provided to the tenant before a valid section 21 notice can be served. Proof of this will be required for court.
You must have a signed copy of the tenancy agreement (the first and most recent tenancy agreement if there is more than one).
If applicable – you must check this – you may need a valid Property Licence, as required by the local council (for example: a HMO licence or any other licence required by legislation by any local authority property licensing scheme or private rented licence scheme).
A Section 21 Notice cannot be served in the following circumstances:
Where any of the above legislation has not been adhered to.
Within the first 4 months of the tenancy.
Where an Improvement Notice (for repairs, Section 11 and/or Section 12 Notice) have been served on the property by the local authority within the last 6 months.
PLEASE NOTE: We can only proceed with a Section 21 Notice if the landlord is compliant with the above.