Landlord’s Legal UpdatePhill Warren

Community Housing ManagerSouthend Borough Council

Changes at the start of a tenancy

When can a s.21 be issued?

Retaliatory evictions

Smoke & Carbon Monoxide alarms

Agenda

Issued under Section 21 (s.21) of the Housing Act 1998 –

“Recovery of possession on expiry or termination of assured shorthold tenancy.”

Must be issued, and issued correctly, to bring an Assured Shorthold Tenancy (AST) to an end

What is a Section 21?

For all new or renewed AST’s starting on or after 1st October 2015 (doesn’t include rolling periodics)

You can’t issue a s.21 until a tenant has been given; An energy performance certificate (EPC)

A gas safety certificate

The correct version of the leaflet “How to rent: the checklist for renting in England”

Changes at the start of a tenancy

https://www.gov.uk/government/publications/how-to-rent

The tenancy must be ended via the new prescribed s.21 form

The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations

2015+

The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment)

Regulations 2015

For all new or renewed AST’s starting on or after 1st October 2015 (doesn’t include rolling periodics)

Must be the new prescribed s.21

Can’t be issued in first 4 months

Must be enforced within 6 months

Doesn’t need to expire on last date of a rental period – just 2 months notice required (+ 2 days…)

(Section 36 Deregulation Act 2015)

When can a s.21 be issued?

A s.21 is invalid if; Before it was issued, a tenant complains in writing about

living conditions

The landlord doesn’t respond to the complaint within 14 days, or issues an inadequate response, or issues the s.21 immediately following the complaint

The tenant then complains to the Local Authority about the same matter

The Local Authority then serves a relevant notice in response (which could be for a completely different thing than the tenant complained about)

Retaliatory Evictions

What is a relevant notice?

Improvement notices relating to category 1 & 2 hazards or emergency remedial action (sections 11,20 or 40(7) of the Housing Act 2004)

A s.21 cannot be issued within 6 months of receiving the relevant noticeORif suspended, within 6 months of the day the suspension notice ends

(Sections 33,34 Deregulation Act 2015)

Retaliatory Evictions

From 1st October 2015 a landlord must ensure;

A smoke alarm is fitted on each storey used as living accommodation

A carbon monoxide alarm is fitted in any room containing a solid fuel combustion appliance

These alarms are checked on the first day of a new tenancy

These are effective immediately with no grace period…

(Smoke and Carbon Monoxide Alarm (England) Regulations 2015)

And Finally…

https://www.gov.uk/government/publications/how-to-rent

Full regulations (& incorrect s.21!) - http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf

Correct s.21 & amended regulations -http://www.legislation.gov.uk/uksi/2015/1725/pdfs/uksi_20151725_en.pdf

‘How to Rent’ leaflet - https://www.gov.uk/government/publications/how-to-rent

Archive of the ‘How to Rent’ leaflets - http://nearlylegal.co.uk/how-to-rent-archive/

Retaliatory Eviction Guidance - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/465275/Retaliatory_Eviction_Guidance_Note.pdf

Deregulation Act - Retaliatory eviction (sections 33 & 34) http://www.legislation.gov.uk/ukpga/2015/20/section/33/enacted

Deregulation Act - s.21 rules (section 36) http://www.legislation.gov.uk/ukpga/2015/20/section/36/enacted

Smoke & Carbon Monoxide Regulations (regulation 4 in particular) http://www.legislation.gov.uk/ukdsi/2015/9780111133439/contents

Sources

Questions?