Contents1 Prescribed Legal Requirements Before Serving A Section 21 Notice1.1 Energy Performance Certificate (EPC)1.2 Gas Safety Record1.3 Comment Prescribed Legal Requirements Before Serving A Section 21 Notice In this part of our series we look at “prescribed legal requirements” which must have been completed before a section 21 notice can be served in England. Like regulated tenancies under the Rent Act 1977, tenants of non-shorthold assured tenancies cannot be evicted without one of the grounds specified under the Act being satisfied, though there is now a mandatory ground for possession for rent arrears. [xxvi][33][35], The requirements to protect the deposit and giving of information applies afresh for every tenancy. [xv] The notice does not have to state an actual calendar date. [xli] Without the restriction to its application that was present in the first 2015 Regulations,[xxxix][xlii] there are no questions as to its applicability to existing older tenancies. If you received a Section 21 eviction notice between 29 th August 2020 and 31 st March 2021 the notice is valid for 10 months. [18], A notice stating that possession is required on a specific date rather than after the specified date is invalid. [24][25] The announced extension was given effect through the Civil Procedure (Amendment No. With its different subtitle to that prescribed under the 2015 regulations, it is unclear if this version has any legal effect. Contents1 Prescribed Legal Requirements Before Serving A Section 21 Notice1.1 Energy Performance Certificate (EPC)1.2 Gas Safety Record1.3 Comment Prescribed Legal Requirements Before Serving A Section 21 Notice In this part of our series we look at “prescribed legal requirements” which must have been completed before a section 21 notice can be served in England. A section 21 notice will now expire after 10 months (up from 6 months previously) – which means if you have not issued possession proceedings in that time, you will have to serve a new section 21 notice. As you can probably guess, it’s been a busy day on the phones today! WALES: Proposals on extending the notice period for a ‘no-fault eviction’. Evicting a tenant using the Section 8 is very different to using Section 21 and carry some pitfalls. However, there are certain cases where a shorter notice period may be provided. The prohibition does not apply to a statutory periodic tenancy. A new version of the guide with corrected subtitle was published on 9 July 2018. 2) (Coronavirus) Rules 2020", The Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020, "The Civil Procedure (Amendment No. [44] Arguments similar to that from Kaur v Griffith[D] that even if the gas safety certificate was provided, a valid section 21 notice may not be given if the most recent associated gas safety check was conducted too long after the previous check was also rejected. [xxxix][32], The first is the requirement under regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012 whereby a landlord has to provide an energy performance certificate to the person who ultimately becomes the tenant. "Section 21 is a pernicious piece of legislation that renters across the country will be glad to see the back of. [xxiv][33], As well as protecting the deposit, the landlord must also give information as prescribed by the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 to the tenant and anyone who paid the deposit on behalf of the tenant before a section 21 notice may be given. A Section 21 notice of the Housing Act 1988 is the first step a landlord must take to evict a tenant on an assured shorthold tenancy. 4 and Transitional, Transitory and Saving Provisions) Order 2012 provided for a 30 days amnesty period for existing deposit to be protected if a landlord wasn't already in compliance. These are used when you want to evict a tenant either at the end of the fixed term or when using a break clause to regain possession of your property, to serve a Section 21 Form 6A notice you do not to give grounds for ending the tenancy agreement. 5) (Coronavirus) Rules 2020", "The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020", "The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020", The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020, High Court of Justice (Queen's Bench Division), "What happens when bailiffs evict tenants", "Part 55 – Possession Claims – Civil Procedure Rules", "Challenging a section 21 notice in court", "Mortgage and Landlord Possession statistics: January to March 2020", "Shelter Legal England – What is an AST? It's a common route for evicting tenants on a 'no-fault basis'. Where the occupier tenant holds a sub-tenancy, a superior landlord may not give a valid notice at a time when they are not the direct landlord of the occupier even if the mesne tenancy will have ended by the time the notice expire thus making the sub-tenant a direct tenant of the superior landlord. [xvi] Such a formula may be on its own, or used alongside a specific date as a saving formula in case the specific date is not valid. [xxi][32] For a deposit that was taken between 6 April 2007 and 5 April 2012, the deposit was required to be protected within 14 days beginning with the date on which it was received. [xxxvii][30], The Secretary of State may prescribe the form which Section 21 notices must be given. Click Here For details Property Management Companies Landlord Services as well as benefits of using a professional management company. What is a section 21? [xlv] These require a landlord of any property with any relevant gas fitting or flue serving such fitting to give a copy of the most recent gas safety certificate to new tenant before they occupy the property,[xlvii] and for a copy of new gas safety certificate to be given to each existing tenant. [10][11] Regulations on security were variously widened and tightened over the years. A section 21 notice is the most commonly used to start the eviction process for renters with an assured short hold tenancy contract. [lv], The Housing (Wales) Act 2014 introduced mandatory registration for all landlords and their properties. ", "What is the impact of Spencer v Taylor [2013] on drafting Section 21 Notices? All the changes apart from the requirement for landlords to provide prescribed information applied to all tenancies from 1 October 2018. FORM 6A Notice seeking possession of a property let on an Assured Shorthold Tenancy. [xx][32], No section 21 notice may be given while a deposit is held that is not protected in accordance with an authorised tenancy deposit scheme. The notice must state that possession of the property is required by virtue of section 21 of the 1988 Act, on a date after which possession is required. The section 21 notice must: 1. be on Form 6A 2. follow certain rules to be valid Your landlord doesn't have to give a reason for wanting you to leave. This Section 21 Notice is intended to make the serving of notice for possession easier for landlords by removing the requirement to have the date to be the exactly at the end of a rental period. Section 21 Notice to Quit. [vi], The Housing Act 1988 introduced assured tenancies and assured shorthold tenancies from 15 January 1989, the latter being a subset of the former. Before you do this, you must have: Given the tenant a copy of an EPC (with a rating of E or higher … These are used when the landlord wants to regain possession of a property at the end of an assured shorthold tenancy or wishes to exercise a 'Break Clause'. An exception is where a notice has been given under subsection (4)(a), and the length of the notice is required to be longer than two months under subsection (4)(b), in which case proceedings for an order for possession may not be begun after four months from when the notice expired. Tenancies in England only: The Form 6A section 21 notice for England available here is the statutory section 21 notice to quit for England which now must be used when terminating all tenancies, irrespective of when the tenancy started. A new Form 6A section 21 notice comes into effect from 1 June 2019, in light of the Tenant Fees Act. Section 21 Notice to quit is a legal tool, which the landlord can use to regain possession from a property which is let under an Assured Shorthold Tenancy. Now a landlord just needs to give the tenant a full 2 month notice along with 2 days for the tenant to receive the notice if it is being delivered by post. They do not need a reason to issue one. [45], A landlord, other than a private registered provider of social housing, is required to give to the tenant the "How to rent: the checklist for renting in England" guide published by the Department for Communities and Local Government. Housing Act 1988, Section 21(1)(b) as amended by section 194 and paragraph 103 of Schedule 11 to the Local Government and Housing Act 1989 and section 98(2) and (3) of the Housing Act 1996 . Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices). A Section 21 Housing Act 1988 notice is the first step to obtaining the property back. It’s a process that can be difficult to complete successfully because of the specific actions involved and the amount of legal holes that could be fallen into, rendering the serving of the notice invalid. Check the form and dates. These include those in relation to anti-social behaviour (including rioting), fraud and where a tenant has accrued rent arrears to the value of at least 6 months’ rent.For more detailed information about notice periods between 29 August 2020 and 31 March 2021 see Section 8 notices and Section 21 notices. A section 21 notice can be served at any time from the beginning of the tenancy but the notice can only end at the end of the fixed term. Alternatively, a section 21 notice may be given if the tenant or the person who paid the deposit on behalf of the tenant has made an application to the county court against the landlord for a penalty under section 214(1) of the 2004 Act, and the claim has been determined by the court, withdrawn or settled. You cannot use a Section 21 notice if any of the following apply: 1. it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this 2. the property is categorised as a house in multiple occupation (HMO) and does not have a HMOlicence from the council 3. the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme 4. the tenancy started after November 2016 and you do not hav… Landlords worrying about when the government is going to turn its plans to abolish Section 21 notice ‘no fault’ evictions into law can relax a little. There are other ways in which the section 21 notice might be served incorrectly or be able to be overthrown due to technicalities. If your landlord sends you a section 21 notice, for example, 3 months after your original tenancy starts, you can challenge their application for a possession order. [xlv][xlvi][42], Government guidelines published by the Department for Communities and Local Government (as it then was) in December 2017 suggested that an energy performance certificate is not required to be given where the tenancy is for an individual room as the tenancy would not be for a building or a building unit designed or altered for separate use. first step a landlord would take to gain back possession of a property A Section 21 notice of possession is a notice to inform the tenant that you wish to recover possession of the property at the end of a fixed-term tenancy agreement, or trigger an agreed break clause. The guide must be given in hard copy unless the tenant has agreed that the landlord may give the tenant notices and other documents given under or in connection with the tenancy by email,[li] in which case it can be sent as an email attachment. [8] The mean time between claim for possession under the accelerated procedure being issued at court and eviction in 2019 was 27.4 weeks, with a median of 18.7 weeks. As of 24 July 2020 in Wales, the notice period for a Section 21 notice and most Section 8 notices is at least six months. You might be given a section 21 notice during a: rolling periodic tenancy; fixed term tenancy - if there's a break clause; It gives a date for you to leave your home. [9], Security of tenure was first given to tenants of certain dwellings in 1915 by the Increase of Rent and Mortgage Interest (War Restrictions) Act as a result of housing shortage caused by World War I. 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