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      Section 21 Notice Changes for Pre-October 2015 Tenancies

      3 October 2018 by Guest Author

      section 21

      On Monday this week, important changes brought in under the Deregulation Act 2015 came into force.

      Landlords will be aware of the importance of a section 21 notice. If a tenant refuses to leave at the end of the tenancy, a section 21 notice gives the landlord the ability to demand possession of the property and enforce that demand through the County Court.

      Changes to the regulation of section 21 notices came into force on 01 October 2015. The changes required all section 21 notices served in connection with a tenancy agreement that commenced post-01 October 2015, to use a particular form of section 21 notice, Form 6A. The changes also imposed additional pre-conditions on the use of a section 21 notice.

      Under the 2015 Act, tenancy agreements which commenced before October 2015 were given a three year grace period. From 01 October 2018, the provisions of the Deregulation Act 2015 apply to all tenancies.

      Chances are, if you have renewed your tenancy within the last three years, you will be aware of the changes that the 2015 Act bought about. What this means is that all landlords will now be required to use Form 6A when serving a section 21 notice. All section 21 notice will now last just six months from the beginning of the day of service and cannot be served in certain circumstances where a tenant complains of the condition of the property.

      In addition, the Deregulation Act 2015 requires all landlords to:

      1. Serve a copy of the government’s ‘How to Rent Guide’
      2. Serve a copy of the Energy Performance Certificate
      3. Serve a copy of the Gas Safety Certificate

      The wording of the act is not entirely clear about whether these provisions apply to pre-01 October 2015 tenancies. The act appears to exclude the application of these provisions to pre-01 October 2015 tenancies. While a test case will undoubtedly arrive in the near future, for now, it is advisable that landlords take steps now to ensure that these documents are served on their tenants.

      We can advise you if you facing these issues, call 01206 700113 or email [email protected].

      Credit – blog post written by Lawrence Adams.

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      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      We are open for business and working remotely

      Here at Fisher Jones Greenwood Solicitors we would like to reassure all our existing and future clients that even in these uncertain and difficult times we are able to assist you with your current and future legal requirements.

      Like so many others, we are constantly monitoring and acting on Government advice and guidelines and as such our offices are temporarily closed to the public. You may, if you wish, visit our offices to post any correspondence and documents through letter boxes.

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      Finally, everyone at FJG would like to wish you, your families and your colleagues well throughout this current crisis.

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      Paula Cameron
      Managing Partner