Section 21 Notices seeking possession of rented residential property (Pre-1 October 2015)

There are different rules for termination of assured shorthold tenancies granted before 1 October 2015 to those granted after, when seeking to terminate by way of notice pursuant to s21 of the Housing Act 1988, i.e. the contractual term has expired.

Where the tenancy is granted on or before 1 October 2015, Section 21 of the Housing Act 1988 (“HA 1988”) contains no time limit as to when a section 21 notice (“s21 notice”) may be acted upon once expired. Once a s21 notice is served a landlord may issue proceedings for possession any time after the s21 notice has expired; unless the s21 notice has been withdrawn or a new tenancy has been granted since the notice was served.

Further, the form of s21 notice required to be used to terminate a tenancy entered into on or before 1 October 2015 differs from the form required to be used for a tenancy entered into after 1 October 2015.

Lastly, the requirements for landlords to serve a valid Energy Performance Certificate and Gas Safety Certificate for the property and the current How to Rent guide at the start of the tenancy, does not apply to tenancies entered into on or before 1 October 2015.

Landlords are however required, if  the tenancy was entered into after 6 April 2007, to ensure the regulations pertaining to the tenant’s deposit (if any was paid) are complied with, namely that it is protected within a registered tenancy deposit protection scheme within 30 days of the deposit being received.

For advice on s21 notices, please contact us.