Central London County Court. The process the tenant should go through is set out in more detail below. The preferred starting point at least for the opening months is to use full -time District Judges and Deputy District Judges who sit extensively at the particular court centre. Updated Section 21 Validity flowchart. It used to be 6 months and this was extended to 10 months by the Government. Using the right one and then getting the dates right have caused numerous issues. The Deregulation Act 2015 brought in many new rules, many of them impacting on landlords’ ability to serve a valid section 21 notice. The usual disclaimers apply – it should not take the place of proper legal advice, or even be relied upon – guidance only. Protecting your … This site uses Akismet to reduce spam. It now incorporates the effect of the Tenant Fees Act 2019 (which turned out to be more complicated to do than I thought – I think it works, but constructive criticism welcome), and updates notes on EPCs and gas safety certificates. There is a confirmation email, so check your spam folders if you don't receive it. 6 2 February 2018, it was held that the effect of the Assured Shorthold Tenancy Notices and … Ms G then sought to set aside the order. A ‘no fault’ eviction is one where the tenant does not have to have done anything wrong, for example not paying the rent, to be asked to leave. fault’ eviction procedure (a section 21 eviction) . If you never received one at all, it is very likely any section 21 … If the tenants do not leave the property by the date specified on the form as the date after which posses… My colleague has pointed out a typo on the first page in that both of the arrows following “Was the section 21 notice served on or after 26 March 2020 and before 29 August 2020” say “yes”. Thank you for the updated flow chart it is a great help. You do not have an up-to-date gas safety record. (s 21 served 18.6.20, licence expired 22.6.20). In conclusion. In particular, a section 21 notice cannot be served while the: deposit was not protected within the relevant time limits Find out what to do if your landlord pressures you to leave after giving you an invalid notice. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. 4. (Update 13 September 2020 – that is now completely impossible, as 6 months notice required and can’t be served in first 4 months.). Section 8 and Section 21 evictions are the only two ways that a landlord can unilaterally end a tenancy. validity of section 21 notices No Yes No gas supply) Government ‘How to Rent’ Booklet? Yes Grey Area – Gas Safety Certificates. Subscribe for email updates - the previous 24 hours new posts, whenever there are new posts. Form 6ahas been further amended to reflect the changes to possession procedures as a result of the new regulations. Housing Act 1988, s.21(1)(b), (4)(a). Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. *Sighs* I’ll add that in. ... Should you need it, you will find an archive of the older How to Rent booklets on the Nearly Legal site here. The usual rules on service, named tenants etc. Whether there is an argument that breach of licence through over occupancy invalidates a s.21 – I don’t know, and the time needed to think about that puts it in to paid for advice territory, I’m afraid. The purpose of this blog is to provide information and discussion. Updated section 21 flowchart I’ve had a go at updating the section 21 validity flow chart. Section 21 invalid Was the prescribed information given to the tenant (and anyone who paid the deposit on their behalf) before or at the same time as the section 21 notice was served? Tower block photos (c) Malte Brandenburg, used with our thanks, (We can’t give advice on individual issues), Relationship Breakdown and Tenancies – FAQ, Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. After this post (and some substantial behind the scenes contacts from others), MHCLG have acknowledged that the amended Form 6A that had been put up on the gov.uk site should indeed not have been put up. Only to ones served on or after 29 August 2020. Updated 13 September 2020, to include the various notice periods from before 26 March 2020, from 26 March to 28 August 2020, and from 29 August 2020. The solution in such a case is to serve a Section 8 Notice citing both the non-payment of rent and the failure to comply with the tenancy term for access. On the basis that a lot of tenants, a lot of landlords and letting agents and quite a few advisors haven’t really got to grips with current requirements for a s.21 notice to be valid, I thought a flow chart could help, assuming it was possible. Thanks for doing this Giles – the checker is really helpful to many of us advising in these complicated times. The government has offered some assurances, acknowledging that responsible landlords will continue to have the confidence to end tenancies for these legitimate reasons. Yes that needs clarifying. How long a section 21 eviction takes . Tower block photos (c) Malte Brandenburg, used with our thanks, (We can’t give advice on individual issues), Giles Peaker is a solicitor and partner in the Housing and Public Law team at, Relationship Breakdown and Tenancies – FAQ, I have taken the risk of updating the s.21 validity flowchart, Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License, Tenant Fees Act effects after 1 June 2020, Updated position on Gas Safety Certificates after. That is what the first 3 pages of the flow chart are partly about ;-). 5. It says on the chart if the deposit is more than 5 weeks rent, then the Section 21 would be invalid. You mean where the tenancy went periodic before 1 June 2019? If it wasn’t apparent from the from that the ownership had changed could a mistake potentially be made at this stage? A landlord cannot serve a valid section 21 notice to end an AST when a deposit paid in relation to the tenancy has not been protected in a government authorised scheme. Again, this one is not clear. Has the tenant received: Gas safety certificate dated in last 12 months (if gas supply) Government ‘How to Rent’ Booklet? However, those same regulations state that those requirements apply … The regulations specify the legal requirements as being the requirement to provide an EPC and gas safety record. Learn how your comment data is processed. Would this apply to a periodic tenancy where you can hold more than 5 weeks rent as the deposit? In Caridon Property Ltd v Monty Shooltz. Please note that we cannot give advice on individual’s situations or problems on this blog. Most private renters have this type of tenancy. Section 21 Valid validity of section 21(1)(b) notices No Yes No Yes Yes No NoPerformance Certificate for the Yes Did current tenancy agreement start on or after 1 October 2015? However, Section 21 also empowers landlords to repossess a property should they wish to move in or sell the home. Important considerations before a Section 21 Notice can be served. So licences when s.21 served? Subscribe for email updates - the previous 24 hours new posts, whenever there are new posts. The Deregulation Act introduced a prescribed section 21 notice, also known as ‘Form 6A’. Fortunately for me, the chart is unaffected by stays. I assume the S21 would become invalid but if an agent issues an S21 on behalf of the original landlord and then also acts for the new landlord are there any circumstances where the court might accept the original S21? The key point as to if the section 21(1)(b) notice has to follow common law rules about service of notices if used in future to terminate a periodic was not argued at Spencer. Tenant Fees Act effects after 1 June 2020. Updated 13 September 2020, to include the various notice periods from before 26 March 2020, from 26 March to 28 August 2020, and from 29 August 2020. Court of Appeal rules in favour of landlord in section 21 notice gas safety case. A legal crowdfunding campaign to raise money for an appeal against a Section 21 ruling has almost reached target – after just one day and with 27 days still to go. Prev. The section 21 notice requirements only apply if the occupier is an assured shorthold tenant. Also includes Tenant Fees Act update for effect from 1 June 2020 and a revision on Gas Safety Certificates after Trecarrell v Rouncefield. Thank you for the flow chart. The validity of section 21 notices (or technically, when one can be served) became simultaneously more complicated and less so after the Deregulation Act 2015 took effect, together with changes in deposit regulations. Form 6A section 21 notice update. as with everything else to do with this pandemic they are now making it up as they go along. All the changes apart from the requirement fo… Nor (for space reasons) does it go into all the complications on the Govt ‘How to rent’ booklet, just noting that it must be the most recent edition when given, and if a new edition was available at the time the current tenancy that version (and that is a tricky one to check but start here.). Tenants, landlords, agents, advisors, lawyers and (I gather) Judges. You can be given a section 21 notice during a: rolling periodic tenancy fixed term tenancy - if there's a break clause It gives a date for you to leave your home. The Act states that any prescribed legal requirements made by regulations will apply to all AST’s from 1 October 2018. https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices A quick question on licensing; property is a HMO, licensed for 5 occupants/ 5 households, but 9 occupants. The Ravenseft Properties Ltd v Hall [2001] EWCA Civ 2034 precedent on prescribed forms and notices ‘substantially to the same effect’ will probably apply to the post 1 October 2015 prescribed s.21 Notice (Form 6A) but given the necessary detail in the notes, I find it hard to believe that not using the Form 6A would not amount to defective notice, unless a very minor error or difference. Section 21 Notices get easier. that I hope someone can help with: How long does the Section 21 now last for before it expires/needs to be acted upon. The Court of Appeal however has today ruled that Section 21 notices are valid provided a Gas Safety Certificate is issued before the notice is given to the tenant, not before a tenant moves into a property. You’ll probably need legal advice if the eviction notice comes in the wake of a disrepair complaint. You may also hear it called an ‘eviction notice’, a ‘notice to quit’ or a ‘notice seeking possession’. deposit is not currently being held in accordance with an authorised scheme. Is the tenancy of a room in a house in multiple occupation with shared facilities? As we appear to have gone at least a week with no new law emerging that affects section 21, I have taken the risk of updating the s.21 validity flowchart. I hope it continues to be of use to all involved in PRS tenancies in England. Section 21 Notice Forms and Time Limits. We often find that when we are instructed by clients, crucial preliminary steps have not been complied with when the Assured Shorthold tenancy has been created, which leads to delays in starting the procedure to obtain possession of the property. Or a contractual periodic where the tenancy started before 1 June 2019? The tenancy began on a 6 month fixed term on 6 December 2016, and continued as a statutory periodic tenancy on 6 June 2017. This requires a two-month notice to be served under This is a little baffling, as when Renting Homes (Wales) Act 2016 finally comes into force, it will scrap assured shorthold tenancies altogether, and … A section 21 notice was later served on Ms G and an order for possession made on 13 June 2019, presumably on the papers under the accelerated possession procedure. The case centres around a landlord who tried to regain possession of their property using Section 21. The landlord is also required to ensure that the repairs are completed. Three judges say landlords can serve a Section 21 notice even if a gas safety certificate has been issue after they move in, but the comment leave the door … Nothing on this website should be construed as legal advice or perceived as creating a barrister/solicitor-client relationship. It will be “amended… so property owners are able to regain their home should they wish t… Next. Nothing on this website should be construed as legal advice or perceived as creating a barrister/solicitor-client relationship. Does this impact on the validity of a s 21? Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. On commencement, these changes applied to all tenancies which began from 1 October 2015, other than statutory periodic tenancies that came into being pursuant to section 5 of the 1988 Act on or after that date on the coming to an end of a tenancy that was granted before that date. It now includes: All the various valid notice periods. The Court of Appeal has today handed down its judgment in the case of Trecarrell House Limited v Rouncefield (B5/2019/0499). A section 21 notice starts the legal process to end an assured shorthold tenancy. That would make a.21 valid in itself. Flowchart invaluable, thank you! Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. There is a confirmation email, so check your spam folders if you don't receive it. Using a section 21 notice means a landlord doesn’t have to give any reason for asking you to leave. Does this only apply to new ones served or existing notices, that were served earlier in the year? The purpose of this blog is to provide information and discussion. But your tenancy continues if you stay past that date. We should also note that the First Minister in Wales announced on Friday that the Welsh Government will be banning section 21. The Section 21 Notice has not been the easiest of things for landlords to get right. 3. Presumably the arrow pointing down is meant to say “no”. The amended form now makes it clear that for notices issued on or after 29 August 2020, tenants are entitled to at least 6 months’ notice before a landlord is able to apply to the court for a possession order. 21. So until it is in probably an inevitable future case then continuing to follow the NTQ rules if using a s21(1)(b) served in the periodic state would be a very wise move. Section 8, then, is key to the new plans. Establish the occupier’s legal status and check what steps the landlord/licensor must take to obtain possession of the dwelling. Previously, section 21 notices just had to be in writing and had no set style. Based on a work at nearlylegal.co.uk. I’ve also included grey areas (literally). Your landlord needs to send you another valid notice to start the legal eviction process. The new Form 6A and the time limits on service of section 21 notices will apply to all ASTs from 1 October 2018. This should hopefully now be good until 31 March 2021, when things may well change again…. by Giles Peaker | 12 Aug, 2019 | Assured Shorthold tenancy, Housing law - All, Possession. Landlords must use Form 6aif the tenancy was started or renewed after 30 September 2015. Some important factors to note as are as follows: - 1. When Section 21 is gone, that means landlords will be relying solely on Section 8. The new landlord would get the benefit of the previously served s.21 and could rely on it, I think. And they can use a speedy route (lawyers and courts call it the ‘accelerated possession procedure’) to get a possession … Landlords wishing to end an assured shorthold tenancy ("AST") usually use the 'no fault' procedure. At about 4.59pm on Friday 18/9/2020 after Baldrick (sorry, Jenrick) has wet his pants yet again following constant hectoring from Shelter and Generation Rant, the stay will be extended by a further four weeks…………. A non-compliant landlord or agent cannot use the section 21 notice procedure to end an assured shorthold tenancy while either the: [1] deposit was not originally protected within the relevant time limits. Compliance with legal requirements before serving a section 21. Your landlord has to do a yearly gas safety check and give you a copy of the record. You’ll have to revise the flowchart yet again ……….sorry. HA 1988, s.21(1)(b), (4)(a); s.45(3). Please note that we cannot give advice on individual’s situations or problems on this blog. And because I couldn’t fit it in a box, there is no mention of the fact that for any tenancy (after 1 October 2018), it is impossible to serve a s.21 that will expire at the end of a six month fixed term unless it is handed to the tenant in person during the day time on the very next day after the first four months of the tenancy, assuming that isn’t a weekend or bank holiday (otherwise, the usual rules of service mean that the notice must expire a day or two after the end of the six month fixed term at the earliest). The Deregulation Act 2015introduced a number of changes imposing new obligations on landlords, failure to comply with which renders any section 21 notices served to be invalid. Based on a work at nearlylegal.co.uk. Nearly Legal: Housing Law News and Comment Section 21 flowchart Updated 16 September 2020 to correct Tenant Fees Act position. One thing not dealt with at the beginning of the flowchart – “Has the ownership of the property changed hands or, if an intermediate lease is present, has the identity of that leaseholder altered since the S21 was issued”. As we appear to have gone at least a week with no new law emerging that affects section 21, I have taken the risk of updating the s.21 validity flowchart. I finally updated the ‘validity of section 21 notices’ flowchart to take into account the 1 October 2018 changes. Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. A general question. Where a party’s legal representative is at the court centre, the party may appear either at Court or (where the facilities allow) by video link or by telephone. In a 2 to 1 decision the Court of Appeal has ruled that late service of a gas safety certificate does not prevent a landlord from serving a section 21 notice on their tenant provided the certificate has been given to the tenant before service of the section 21 … News; BREAKING: Court of Appeal backs landlord in key gas safety Section 21 evictions case. HA 1988, s.21(1)(b), (4)(a); s.45(3). Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. A section 21 notice gets its name from the section of the Act of Parliament that created it. It turned out to be sort of possible- ish, as least as far as statutory validity goes. aren’t dealt with at all. Updated 16 September 2020 to correct Tenant Fees Act position. Use our tool to check your tenancy type. Section 21 flowchart – now with grey areas. Prerequisites For Serving A Section 21 Notice – Energy Performance Certificate 22. There is a lot to think through and of course it all varies by date of tenancy. It doesn’t cover every variation or eventuality (for instance, all the deposit stuff assumes no change in landlord over the course of the tenancy).
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