For all Assured Shorthold Tenancies created on or after 1st October 2015, a new prescribed form of S21 Notice MUST be used if you want to bring a tenancy to an end and gain back possession.

You do not need to use the new notice if the tenancy has become a periodic tenancy but it was previously a fixed term tenancy created before 1st October 2015. However you can use the new form for tenancies created before this date, if you wish.

The new S21 Notice will only be valid for 6 months from the date it is given, unless you are required to give more than 2 months notice, in which case the Notice will be valid for 4 months after the date in the Notice.

You will NOT be able to serve a S21 Notice unless:

  1. You have complied with your legal requirements to provide your tenant with an Energy Performance Certificate relating to the property and a Gas Safety Certificate
  1. You have provided your tenant with a copy of the DCLG Guide How to rent: The checklist for renting in England
  1. You have protected your tenant’s deposit under a Tenancy Deposit Scheme

Other changes include:

Not being able to serve the Notice until the tenant has lived in the property for at least 4 months.

Not being able to serve the Notice if your tenant has made a written complaint to you about the condition of the property and you have not responded or have given an inadequate response.

You are no longer required to specify the last day of a period of a tenancy as the date on which the tenancy comes to an end.

These are quite significant changes and if you fail to comply with them, there will be a delay in you getting possession of your property. If you need any further advice on S21 Notices or Landlord and Tenant matters, please contact Tracey Ashford on 01562 512484 or tashford@thursfields.co.uk.

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