The section 21 notice must now be issued using Form 6A, which is relevant for both periodic and fixed-term tenancies. (Two different forms were used previously.)
Section 21 Requirements
Landlords are still required to give tenants at least two months' notice and must provide them with current copies of:
- Gas safety certificate
- Energy performance certificate
- ‘How to rent: the checklist for renting in England’ (a guide produced by the government)
- Where the property is licensed, a copy of the licence must be provided
A reason for issuing a section 21 notice does not need to be given.
When serving a section 21 notice, landlords must inform tenants which scheme their deposit is protected in. Landlords should note that deposits should be returned before serving a valid section 21 notice if either of these circumstances apply:
- The tenant’s deposit isn't protected in a tenancy deposit scheme
- It was protected more than 30 days after the most recent contract started
Are you thinking of issuing a section 21 notice?
There is a question mark regarding tenancies that started before 1 October 2015 and have not been renewed since. David Cox, Chief Executive, ARLA Propertymark comments: “There is a legal question over whether the additional documents need to be served on pre-October 2015 tenancies, but it’s very unlikely that a judge would throw out a case on the basis that an agent has provided the tenant with too much information.” He continues: “it’s easier to comply with the spirit of the law rather than rely on a potential legal technicality.”
Don’t take a risk…
If you would like to discuss the new requirements for section 21 notices, contact the lettings experts at JTM Homes. Our friendly team can cut through the jargon and discuss exactly what the changes mean for you. Let’s talk.