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.

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.

Operative date

• Now

Recommendation

• 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