New law: Landlords of properties let under assured shorthold tenancies face new rules from October
Landlords need to make changes to their processes, and obtain necessary certificates, in view of new assured shorthold tenancy (AST) rules coming into force from 1 October 2018.
This update was published in Legal Alert - August 2018
Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Landlords wishing to end an AST can serve a 'section 21 notice' on tenants once the initial term of the tenancy has ended. This entitles them to use the accelerated 'no fault' possession claim procedure in the County Court if the tenant does not leave.
Under the forthcoming rules, for ASTs granted (or renewed) on or after 1 October 2015:
- Landlords cannot serve a section 21 notice if they have received a notice requiring them to make repairs to their property (to avoid 'retaliatory evictions' by landlords)
- They cannot give a section 21 notice during the first four months of an AST
- They must act on a section 21 notice within six months of giving it
- They must use a prescribed form (Form 6A) section 21 notice (not their own form)
- Landlords must give tenants of all ASTs, whenever they were entered into, copies of the relevant Energy Performance Certificate and Gas Safety Certificate for their properties
Landlords are also required to give new tenants a copy of the government publication, How to Rent: the checklist for renting in England guide, which has recently been updated.
- Landlords need to make changes to their processes, and obtain necessary certificates, as a result of new rules which come into force on 1 October 2018
Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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