Section 21 rules are reverting back to Pre-Covid notice periods in October, but make sure you have got the basics correct before serving.
Whether you are planning to sell a B-T-L property or have issues with a tenant, here are a few tips and Hints if you are considering issuing a Section 21. It’s worth mentioning that there is ongoing consultation regarding the removal of Section 21 notices completely, within Government and industry bodies.
Firstly, check the latest Government Guidelines for regulation changes or changes to notice periods required, as there have been several changes and updates since the beginning of the Covid pandemic.
Currently, tenants must be provided with a minimum of 4months notice at point of issuing a section 21 notice, although this is reverting to two months’ notice on the 1st October 21. This assumes the current short hold tenancy agreement is currently either periodic, or in line with the end of a fixed term.
If you are issuing a section 21 due to unpaid rent or other issues, it is a good idea to firstly engage with the tenants to see if a suitable repayment plan, or other issues can be resolved prior to issuing.
At the start of the tenancy, it is currently a legal requirement to provide tenants with a Current EPC, Gas Safe Certificate, How to Rent Guide and tenancy deposit certificate. Additionally, you should have some form of proof that these documents were provided to the tenant, such as a signed document at the beginning of the tenancy. As a starting point, we would recommend identifying the document to ensure you still have this in your possession.
Even if you have auditable proof, it is good practice and advised that you provide a copy of all the above when issuing a section 21 to avoid any potential issues with a tenant denying they ever received them.
Where the property has Gas, it is a legal requirement to have a Gas Safety check, a copy of the current Gas safety check should also be provided for the property when serving a section 21. Whilst it is not a legal requirement to update an EPC that expires during a tenancy, if the EPC has expired, you will need to provide a new EPC when serving a section 21 if you cannot prove it was provided originally, and it is good practice to renew, if possible (if you have access to the property), prior to serving again to protect against any denials from the tenant.
When serving a section 21 care must be taken to complete the document ensuring full names, addresses, dates etc, are all correct as simple mistakes made at this point can be very costly, should the court, or local council reject the forms (where a tenant is applying for social re-housing).
The Section 21 should align with the tenant's monthly rent date and should not be served on a Sunday. Proof of serving the notice is also required to avoid claims that the section 21 was never served / received.
If you would like an initial chat regarding a specific situation, Jump-Pad is always happy to have an in confidence, no-cost conversation to see if we can support you further or, put you in touch with other legal specialists working in this area.
