In October 2015 new legislation was introduced which impacted all Assured Shorthold Tenancy Agreements (AST) entered into on or after 1 October 2015.
From 1 October 2018 the changes will impact every AST, no matter when it was entered into. So from 1 October 2018 every tenant who has an AST will need to have been served with:-
- The How to Rent Booklet – Rent Booklet
- The Energy Performance Certificate (EPC) for the property;
- Gas safety certificate for the property, where applicable.
The service of How to Rent Booklets for tenancies entered into before 1 October 2015 is not strictly requirement, however we are advising that this step is taken as it is more robust and reduced the risk of a hearing being listed if a possession claim is required.
In order to bring an AST to an end, you will need to ensure that you use the prescribed Form 6A Section 21 Notice. Any other form of notice used after 1 October 2018 will not be valid. More information about the Form 6A is here:- Click Here
The rules regarding retaliatory eviction will also now apply to any tenant who has an AST. This means that if the local authority serve a ‘relevant notice’ in relation to the property, the landlord will be prevented from serving a Section 21 Notice for 6 months, and any notices served prior to the relevant notice will also be invalid. More information about retaliatory eviction can be found at our blog here:- Click Here
We advise that you should complete a review of all of your properties, and ensure that all tenants are in receipt of the required documents.
If you have any questions please do not hesitate to get in touch.
Laura Albon has been working in litigation for nearly 10 years. She works almost exclusively with property investors and agents across the whole country. She trained with the partners of Helix Law and has extensive experience in possession, service charge recovery, breach of covenant and commercial contract claims. She is able to pursue matters through the court and through The First Tier Tribunal (formerly the Leasehold Valuation Tribunal or LVT).
This article is written to raise awareness of the issues it discusses and it may not be updated after it is first written, even if the law changes. It is not intended to be legal advice and cannot be relied on as such. Helix Law is not responsible or liable for any action taken or not taken as a result of this article. If you think the matters set out affect you and you wish to apply them to your particular circumstances then we are happy to give you free initial telephone advice.
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