At the moment, to give a valid section 21 notice you will first have to have
- Protected the tenant’s deposit
- Provided the tenant with the prescribed information
If you haven’t done those 2 things, you will not be able to serve a section valid 21 notice and you may be liable for penalties for non-compliance.
Applies even to older tenancies
The Deregulation Act makes this the case for all tenancies, even if the tenancy commenced before 6 April 2007. A deposit will need to be protected by 23 June 2015.
Tip! If you have not already done so, get the deposit protected now and send out the prescribed information to the tenant
Other requirements for section 21
The Act introduces provisions suspending the eviction of the tenant where the landlord has failed to comply with other certain legal obligations including; requirements relating to EPC’s and Gas safety certificates.
Tip! Give an EPC to prospective tenants so that it is part of their decision making process
Crackdown on retaliatory evictions
There are details provisions about preventing retaliatory evictions. So if a tenant complains about, e.g. the condition of the property, and the landlord retaliates bu serving a section 21 notice, the eviction could be suspended.
On the horizon
(i)From 1 October 2015, the requirement under Section 21(4) for a notice to expire on a date which is the last day of a period of the tenancy will be abolished in relation to dwellinghouses in England.
(i)Also from 1 October 2015,
- a Section 21 Notice will not be able to be given in relation to a tenancy of a dwellinghouse in England within four months from the day on which the tenancy began, and
- proceedings for an order for possession must be taken within six months, beginning with the date on which the notice was given under Section 21 or within four months of the date specified in the notice.