Landlords will not be able to serve a Section 21 Notice on tenancies that begin on or after 1 October 2015 unless they have provided the tenants with certain information. It is good practice to serve tenants with this information in any event as a reminder of the information.
1. A Gas Safety Certificate covering all fixed as well as portable gas appliances provided by the landlord for the tenant’s use.
2. The property’s Energy Performance Certificate unless where one is not required.
3. The Department for Communities and Local Government’s How to rent guide. Please note this is updated often.
4. The prescribed information relating to the protection of a tenants’ deposit. You must inform the tenants which scheme their deposit is protected in.
5. Where the property is licenses, provide a copy of the licence to all of the tenants.
You cannot seek possession using Section 21 if you do not comply with the above.
Best practice is to complete the Form 6A and serve each tenant with the Form and the above information. You should complete a Certificate of Service Court Form N215 to record the method of service for each tenant. If in doubt add four to five days on to your minimum two months’ notice.
In the event that the tenant has not vacated you have six months in order to issue proceedings for possession. If in any doubt you should seek further advice from a specialist letting agency or a specialist solicitor. This takes time to gain possession and you must be patient and not take action which you could later regret.
If you require a tenancy health check, we can undertake these on behalf of privately let properties.
Happy to Help, opinion translated by Samantha Cockburn on 9 October 2018