This month, Anna Pettinger highlights a recent case that has offered much needed clarification on the Section 21 rules…
The current tenants moved into my rental property in January 2015. I didn’t provide them with an EPC at the time – can I still serve a Section 21 notice?
The pandemic and current economic climate are driving an increasing number of landlords to sell their rental properties and to do so, they are having to evict long term tenants.
It became law in 2015 that to serve a valid Section 21 notice, you must have provided prescribed information at the start of a tenancy, including an EPC and gas safety certificate. This applied to assured shorthold tenancies beginning on or after October 1 that year. However, the Deregulation Act 2018 expanded the requirement to cover all tenancy agreements, irrespective of start date.
Not surprisingly, there has been much confusion about what documents are necessary to serve a Section 21 notice on tenants that moved in before October 1 2015. It was previously thought that not providing the prescribed information would be a barrier to serving notice, but a recent Court of Appeal case focusing on older tenancy agreements, has clarified what is required by law.
Currently, to serve a valid Section 21 notice, your tenants must receive the following when they move in:
- Details of your chosen Tenancy Deposit Scheme within 30 days of the money being paid
- The government’s ‘How to Rent’ booklet
- A gas safety certificate
- An energy performance certificate (EPC)
Crucially for landlords of longstanding tenants, the Court of Appeal ruling in June determined that if your agreement began before October 1 2015 and hasn’t been renewed since, provision of a gas safety certificate and EPC at the start of the tenancy is no longer a legal requirement.
We still recommend you provide these documents as soon as you can, but if they were not handed over at the outset, it will not invalidate your eviction notice. This has come as a great relief to many landlords and much needed clarification on a very complex area of the law. Please note, these rules only apply to tenancies in England.
If you wish to serve a Section 21 notice, but are unsure if it will be valid, don’t hesitate to contact me. We can assist you with the provision of all necessary documentation and offer advice on the best course of action. Email: info@tayloremmet.co.uk
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