Evicting a residential tenant from a property is becoming more difficult as the prerequisites for serving a section 21 notice become more complex.
To ensure the ending of an Assured Shorthold Tenancy runs smoothly, it is vital that a landlord complies with all of their legal obligations at the beginning of the tenancy.
Where do people go wrong?
Tenancy Deposit and prescribed Information
For a section 21 Notice to be valid, the tenancy deposit MUST have been protected in one of the government schemes within 30 days of it being received by the landlord or their agent AND the prescribed information must have been sent to the tenant. The Tenant must be given the opportunity to sign the prescribed information to confirm receipt.
If the landlord or their agent fails to protect the deposit or provide the prescribed information, the tenant is entitled to make a claim against the landlord for up to 3 times the deposit value!!!
If the deposit has not been protected, it must be returned before serving a section 21 Notice. If the deposit is not returned, the Notice will be invalid. Equally, if the prescribed information has not been sent to the tenant, the Notice will be invalid.
The Prescribed information should give the tenants the following information:-
- the address of the rented property
- how much deposit they have paid
- how the deposit is protected
- the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
- the landlord (or the letting agency’s) name and contact details
- the name and contact details of any third party that’s paid the deposit
- why the landlord would keep some or all of the deposit
- how to apply to get the deposit back
- what to do if the tenant can’t get hold of the landlord at the end of the tenancy
- what to do if there’s a dispute over the deposit
Tenancy Agreements commencing after the 1st October 2015
In addition to the Tenancy Deposit requirements, the additional requirements must be fulfilled prior to serving a section 21 Notice in relation to any tenancy granted on or after 1 October 2015:
- Must be in the prescribed form (this form can also be used for tenancies granted before 1/10/15)
- Landlord must provide EPC certificate
- Landlord must provide Gas safety certificates
- Landlord must provide a copy of the How to Rent Guide
To find out more about how we can help with any queries regarding Landlord and Tenant advice please visit https://www.lambandholmes.com/private-client-services/landlord-advice or alternatively please contact our Kettering office on 01536 513 195 or the Corby office on 01536 745 168.
