From the 1st of October 2018, new statutory provisions come into force which landlords need to be aware of. This provision will effect residential landlords seeking to issue possession proceedings.
Under the old rules landlords could terminate assured shorthold tenancies under section 21 (non-fault) using the accelerated or fixed date possession claim route.
In the last few years new landlords have had to comply with various recent statutory obligations in order to use the accelerated possession claim procedure.
All landlords including existing old tenancies from the 1st of October 2018 will be required to fully comply with the new provisions. Just some of the important things landlords need to know;
- Retaliatory eviction – Landlords will be barred from serving Section 21 notices if they have failed to carry out repairs identified by the Tenant as being necessary.
- Time Limits to act on section 21– Landlords will only have six months from the date on which the section 21 Notice was given to act on it;
- Deposit certificate must be given to the tenant
- Deposit Prescribed Information must be given to the tenant
- Energy Performance Certificates (EPC) must be given to the tenant.
- Gas Safety Certificates (where appropriate) must be carried and given to the tenant.
- How to rent booklet must be given to the tenant.
- Prescribed section 21 notice Form 6A.
Caridon Property Limited v Monty Shooltz 2 February 2018 (not reported)
The Section 21 procedure and its relationship with the Deregulation Act 2015 was recently considered in the unreported case of Caridon Property Limited v Monty Shooltz (“Caridon“).
The landlord failed to provide the tenant with a gas safety certificate prior to the commencement of the tenancy, and therefore the tenant asserted that the Section 21 Notice, that was served, was invalid.
District Judge Bloom, at the Court at First Instance, accepted the tenant’s arguments, finding that the landlord should have provided the required information to the tenant at the commencement of the tenancy. The landlord appealed that decision. However, His Honour Judge Jan Luba QC upheld the Court at First Instance’s decision.
Mr Wilson from the British Landlords Association said; One question does come to mind from of the above case. If the landlord did not give the tenant a gas safety certificate at the time of granting the tenancy and any section 21 notice is deemed invalid as a consequence does that mean the landlord can never evict the tenant under the section 21 route?
if so that means the tenancy is now no longer an assured shorthold but now an “Assured tenancy”?
For the above reasons the court decision we would say is wrong.