How to do Section 21 notices properly

The confusion has arisen as a result of legislation changes applying to residential Assured Shorthold Tenancy (AST) agreements which began on, or have been renewed since, October 1, 2015. To be able to action the accelerated possession procedure in relation to AST agreements made up to September 30, 2015, the Regulations require a minimum standard of proof from landlords that there is a written AST in place, that the deposit is protected and prescribed information relating to the deposit was served on tenants. Licences are also required for HMOs or in Selective Licensing areas. In order to launch the procedure using the ‘new’ Section 21 notices, however, which are currently intended to be issued for AST agreements made from October 1, 2015 onwards, and won’t apply to older ASTs until late 2018, the Regulations impose several additional obligations on landlords which must be complied with before the eviction notice can be served. OLD AND NEW NOTICES Now I am concerned that landlords and agents are serving new Section 21 notices on old AST agreements, putting them at greater risk of having their case thrown out of court. By failing to recognise the differences between the ‘old’ and ‘new’ Regulations and…

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