The new section 21 notice
16th November 2015
The section 21 notice is a vital tool for any landlord, being used to assert the right to bring a tenancy to a natural end. It has also become a great way for landlords to be policed.
When the deposit protection legislation came in, some bright spark came up with the idea of punishing the landlord with the loss of right to possession through the section 21 notice if the rules on the protection of deposits were not followed to the letter. Scarier than a fine and easier to administer, it worked like a dream.
So effective has this been that the sanction has been extended to other duties that the landlord or his agent must perform.
i) The giving to the tenant at the start of the tenancy of a government created brochure outlining a tenant’s rights and responsibilities.
ii) The giving to the tenants at the start of the tenancy of a valid gas safety certificate.
iii) The giving to the tenants at the start of the tenancy of a valid EPC (which they might even read and take notice of).
What does this mean?
It is already legally necessary to give the tenant and valid Gas Safety Certificate at the beginning of a tenancy and if you employ an agent, then they will no doubt take care of this. It is also necessary to have a valid EPC in order to market a property, so to give one to the tenant is no real problem.
The government brochure can be downloaded at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464910/How_to_Rent_October_2015_FINAL.pdf
It is highly advisable to have the tenant put in writing the all this has been received at the start of the tenancy to avoid any confusion later on.
What are Champions doing about it?
Of course Champions are issuing to its tenants all the new prescribed information - and having its receipt signed for - along with the new format section 21 which can begin being issued from next February.