Change in legislation for landlords who intend to issue a Section 21 Notice (tenant eviction)

Landlords often use Section 21 Notices (often referred to as eviction notices or a notice seeking possession) to remove tenants from their properties who hold an Assured Shorthold Tenancy. However, the introduction of the Deregulation Act of 2015 means that landlords can only issue a Section 21 Notice if certain requirements had been complied with at the commencement of tenancy.

Until the 1 October 2018 these requirements were only required for tenancies which began after October 2015. However since the 1 October 2018 these requirements have been made applicable to all Assured Shorthold Tenancies regardless of when the tenancy began.

Under the Deregulation Act 2015 it states a Landlord is required to provide the Tenant with the following prior to commencement of the tenancy:

  • Government issued ‘How to Rent’ guide
  • Energy Performance Certificate
  • Gas Safety Certificate

These requirements are in addition to the requirements already in place in relation to deposits. Any section 21 notices served after the 1 October 2018 now need to be done on the prescribed Form 6a which is available from the Government website.

If you require any further advice or support on these changes, Section 21 Notices, or tenant issues then please contact Rachel Greenway at Else Solicitors ( or 01283 526213).

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