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Changes to Section 21 – gaining possession of your rental property

From October 2015 two major changes came into effect for landlords seeking possession of their property.

Firstly a new form and procedure has come into effect. A landlord MUST give a minimum of two months’ notice on an Assured Shorthold Tenancy and this cannot be given for at least 4 months after the tenancy starts.

Old Process

  1. Notice could only take effect on a rent day
  2. There was no form but wording needed to be accurate
  3. There were two different notice depending  on type of tenancy
  4. The landlord must prove the deposit is protected

New process

  1. Notice can be given on any day
  2. Standard form is now used for ending ALL ASTs
  3. Landlord must prove that the deposit is protected,
  4. Landlord must prove the necessary CO and smoke alarms are in place
  5. There must be no outstanding local authority notices for repair against the property
  6. IF there has been a local authority repair notice, six months must have elapsed since completion of the works before possession can be sought.

Please talk to us if you want advice or assistance in gaining possession of your rental property. Initial consultations are free!

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