Section 21 Notice Checklist - Guide To Obtaining Possessions After October 2015
The changes and impact of the Deregulation Act 2015 complicate and again confuse the process for landlords and agents. As specialist litigation solicitors experienced in assisting landlords and agents in regaining possession of property we have prepared this checklist to help.
Each case will vary and the checklist below is an indicative rather than comprehensive list of the relevant issues. Each of the items below must be considered before a valid section 21 notice can be served relating to any tenancy commencing after 1st October 2015. If you are unclear on any aspect we offer a FREE landlord and agent advice line especially for this purpose – simply call us on 0345 314 2044 to discuss your requirements.
We have set out below a list of core requirements and factors that landlords need to consider before attempting to serve a valid section 21 notice for tenancies commencing after 1st October 2015. Where we are instructed to act for landlords we review compliance with all of these aspects prior to drafting and serving the notice.
The Deregulation Act 2015 applies to properties in England only.
Checklist - England Only
1. Have at least 4 months expired since the start of the tenancy?
2. Was a deposit taken from the tenant?
a. If so, was the deposit protected with a recognised scheme within 30 days of receipt?
b. If a deposit was taken and protected, was the deposit prescribed information, including any applicable leaflet, provided to the tenant within 30 days?
3. If there is any gas supply or appliances within the property was a gas certificate served on the tenant before they occupied the property?
a. Have gas safety certificates been obtained every 12 months and served on the tenants each time?
4. Has an Energy Performance Certificate been obtained for the property? If so, has this been provided to the tenant?
5. Has the tenant been provided with the ‘How to Rent’ booklet?
6. Does the property require an HMO licence, or any other additional licencing put in place by the Local Authority? If so, has the licence been applied for?
7. Have you (landlord or agent) received any notice from the local authority relating to the property – an improvement notice or an emergency remedial action notice?
8. Has any notice been received by you (landlord or agent) from the local authority relating to the property in the last 6 months?
9. For tenancies entered into since 1 June 2019 – have you returned any monies charged to the tenant which are considered prohibited payments by the Tenant Fees Act?
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