Parliament has now provided a clear prescribed form of section 21 notice. From 1 October 2015 all landlords, whether they are private landlords or social landlords, will need to use the new prescribed form to terminate an existing assured shorthold tenancy (“AST”) or rather a starter tenancy or fixed term tenancy. A failure to do so will render the notice invalid. The form can also be used for tenancies created before 1 October 2015. The form is provided in The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.
The form is intended to make terminating an AST easier from an administration perspective. The prescribed form does look clear and easier to follow, with explanatory notes for both the person filling in the form and a clear outline of what it means to the tenant receiving it. There is also clear guidance on the form explaining how to serve it.
From 1 October 2015 it will also be essential to make sure that you don’t serve the section 21 notice in the first four months of the tenancy; this will make the notice invalid. For example, if the tenancy started on 1 January 2015, and the tenant was causing anti-social behaviour, the tenancy notice terminating the tenancy could not be served until 1 May 2015. If the notice was served by post, and posted on 1 May 2015, which was a Friday and Monday 4 May was a bank holiday then the notice would be effective from Tuesday 5 May 2015. The tenancy would therefore terminate on Sunday 5 July 2015. The prohibition on serving a notice before the four month mark means that effectively all fixed term tenancies of six months will last a couple of days longer, depending upon how the notice was served.
Landlords will have four months from serving the section 21 notice to issue proceedings, after which the notice will expire and it will be necessary to start again.
The new section 21 (4ZA) Housing Act 1988 also removed the need to a section 21 notice to expire on the last date of a tenancy, two months notice (for a weekly or monthly rent period) is all that is required. This is certainly good news for many people experienced in filling in section 21 notices.
If you would like to receive a word copy of the new section 21 notice please email Emma Watson and she will provide you with one.
