This year’s Deregulation Act has introduced a number of changes into Landlord and Tenant legislation. The process of serving Notice Seeking Possession under upon tenants by landlords has changed significantly. As of October 1st, the updated section 21 of the Deregulation Act imposes a number of changes to the procedure that landlords must obey in order to be able to serve a valid notice to reclaim possession of their property.

What are the changes?

From October 1st it is no longer possible to serve a section 21 notice until the tenant has lived in the property for at least four months. This means that landlords can no longer evict tenants as soon as they move in, giving greater protection for tenants.

A Notice Seeking Possession is valid for only 6 months from the date given and possession proceedings must be commenced within 6 months of the notice being served on the tenant.

A section 21 notice is no longer invalid if the date of possession given on it is not the last day of the tenancy period. Provided that two months notice is given to the tenant, the s21 notice is valid.

Landlords will no longer be able to serve a section 21 notice in circumstances where they are in breach of their legal obligations to the tenant. This includes obligations as to the condition of the property, obligations as to health and safety of occupants and energy performance or gas certificates.

When a section 21 notice is served, all rent that has been paid for any period where the tenant ceases to live in the property must be repaid.

All deposits ever taken which are still being held must now be protected. A deposit protection certificate and all prescribed information must be served on the tenant. Without protecting or returning the deposit, a section 21 notice cannot be served.

How we can help

If you are either a landlord seeking advice or help with serving a Section 21 notice or a tenant who has recently been served with such a notice, we can ensure that this complicated process is adhered to.

If you require any advice or assistance with any area of landlord and tenant law, we would be more than happy to assist you.

Contact us on 020 3402 6095 or for a no obligation chat.