LMK Law Solicitors
020 8954 7474

LANDLORDS BEWARE!

Are you are considering entering into a tenancy agreement after 1st October 2015 with your tenant?

Do you subsequently want to evict them and gain back possession of your property quickly by serving your section 21 notice?

If so, you must comply with the following new regulations in order to avoid the pitfalls of either incurring delays or not being able to regain your property without incurring extra costs.

Here is a brief summary of the new rules.

  • You cannot give your tenant a Section 21 notice in the first four months of the tenancy. Furthermore, if it is a replacement tenancy that you have entered into, the relevant period for giving your tenant notice is four months from the day on which the original tenancy began.
  • You must protect any deposit received from the tenant in respect of the shorthold tenancy in a Tenancy Deposit Scheme (TDS) within 30 days of receiving it, and provide to your tenants the prescribed deposit protection information (s213 notice) BEFORE you serve a section 21 notice on your tenant. We suggest this is sent in writing and a copy retained.
  • As a landlord, with any tenancy agreements entered into after 1st October 2015, you are only now required to protect the deposit once (no matter how many times the tenancy has been renewed). You do not need to repeat this process.
  • If you do not protect the deposit within the required timeframe, this may lead to a penalty claim (of up to three times the deposit amount) in the county court. Belatedly protecting the deposit and informing the tenant afterwards will not remove the risk but may mitigate a hefty penalty.
  • You are not able to serve a Section 21 Notice to obtain possession of your property if the tenant has complained about the condition for the premises or the common parts and you a) did not respond within 14 days or b) provided an inadequate response or c) responded by serving a section 21 notice. This does not apply if your tenant is responsible for the repairs, so you need to check the terms of the agreement in place!
  • You must now provide an Energy Performance Certificate and a gas certificate to the tenant and this is best done at the time that you grant the tenancy. When you serve the section 21 notice, attach copies to it.
  • You must supply a tenant with a copy of the government booklet on how to rent.
  • If all of the above have been complied with, you must then ensure your section 21 notice is in writing, at least two months is given to your tenant, the correct date is given for eviction and you have served your section 21 notice in the correct way. Failing this, your notice is invalid and you will have to start the process again!

The above is not an exhaustive list of what must be complied with. However, to avoid pitfalls, delays and unnecessary costs, please contact us to assist you in entering into your tenancy agreements, serving your section 21 notices, and, where necessary, issuing court possession proceedings to evict your tenant as quickly as possible.

If you would like more information on this matter, please contact our litigation team on 0208 954 7474 or through our online form.

26 Church Road

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Our offices in Stanmore have ample car parking and are close to good transport links, including London Tube services. To arrange an appointment with one of our solicitors, contact us online or by phone on 020 8954 7474.

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LMK Law Solicitors
26 Church Road
Stanmore
HA7 4AW 
020 8954 7474 - TEL
020 8954 8098 - FAX
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