Tenant evictions have changed (yet) again.
More change have been brought in by The Deregulation Act 2015. This changes the procedure for ending residential tenancies. The changes apply to all Assured Shorthold Tenancies made after 1 October 2015.
The main changes are as follows:
- There is now a prescribed form which must be used for all section 21 notices. Make sure you use the right form. If you do not, the eviction will not be legal and you will have to start again.
- You must secure any deposit taken from the tenant. If you have not, you cannot serve a section 21 notice.
- You cannot serve the section 21 notice until you have met all legal obligations for the property. This includes, obtaining gas safety certificates and energy performance certificates.
- The section 21 notice cannot be served on the tenant during the first 4 months of the tenancy agreement. It has to be served at the right time.
- Possession proceedings must then be started within 6 months of the section 21 notice being served. If not, a fresh section 21 notice has to be served.
- If a tenant has raised a complaint about the condition of the property a section 21 notice cannot be served. You must first deal with the complaint. This is to stop so-called ‘Retaliatory Evictions’.
The process of tenant eviction is complicated. It can be a lengthy and an expensive process. If you get it wrong it can take even longer to evict a tenant. It also costs more to get it wrong. To avoid failing to follow the correct procedure contact Susan Lewis for further information and assistance.