It’s a warm and sunny Bank Holiday weekend and we understand that the last thing you’ll probably want to read about are reminders to property legislation and changes to Section 21 Notice.
That said, if you’re a landlord we can’t stress the importance of keeping abreast, and reminded, of any changes…so the team at lettingaproperty.com have done some of the work for you, this week.
But before we go any further, let’s take you back to 2015 when Government introduced a great little booklet entitled the ‘How to Rent’ guide, which is as relevant now as it will be into the foreseeable future.
It’s aim was (and still is) to inform and educate tenants and landlords of their rights, in the hope that it will go some way towards helping the industry stamp out bad practices.
Today, that booklet serves as a helpful checklist for anyone searching for a house or flat to rent and offers plenty of advice to guide tenants and landlords through every step of the letting process.
Under the Section 21 Legislation for Landlords in England, however, landlords won’t be able to end a tenancy and repossess a property with a Section 21 Notice without providing a tenant with one of these booklets, so they’re a pretty important piece of a landlord’s armoury.
Section 21 Notice – After 1st October, 2015
For landlords whose AST was created after the 1st October, it’s important to serve ‘Form 6a’ for no fault possession and hand over the following documents to tenants prior to them signing the agreement.
Important documents you must hand over:
- How to rent guide
- EPC certificate
- Gas safety certificate
If a HMO and the property requires a licence, this must have been obtained
Finally, protect the deposit with a scheme and serve the relevant prescribed information within 30 days
This importance of the signature can’t be under estimated either – it confirms that tenants have been provided with an up-to-date version of the documents and is a landlord’s safeguard!
Before 1st October, 2015
If the fixed term tenancy was created prior to 1st October 2015 and no ‘How to Rent’ guide was sent out (and has now lapsed into a statutory periodic tenancy, the section notice you serve is a Section 21(4)a.
Because of the lapsed date, remember that landlords cannot seek possession against the tenant during the first four months of the tenancy (but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy).
Whilst we understand landlord frustrations with the sometimes over-the-top amount of paperwork that is sadly part of property-ownership territory, we fully advocate getting everything in order, setting reminders of legislation deadlines and and putting the prescribed paperwork in place right from the off.
Whilst sometimes time consuming and arduous, it will save valuable man-hours in the future should any tenant headaches arise.
If you’re looking to find tenants fast and stress free and would like to be able to manage your own tenants with the support of a team that has a five-star reputation, don’t hesitate to get in touch!