Landlords confused over tenancy agreements

by Gary Whittaker

Some landlords are confused over changes to the shorthold tenancy agreements, according to a legal firm.

Kirwans believes some landlords are incorrectly issuing Section 21 notices and therefore could be wasting money and increasing time delays in recovering their properties.

The start of October 2015 saw a number of legislation changes to the residential Assured Shorthold Tenancy (AST) including additional obligations that landlords must comply with before serving an eviction notice.

Danielle Hughes from Kirwans explained: “Section 21 has until recent years been known as the non-fault notice, with the landlord required to provide only basic information for the older form to be valid, while tenants have limited grounds on which to dispute a possession claim.”

She added: “The new form sets out strict requirements with which the landlord must comply prior to serving the notice, including providing the tenant with an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the government’s ‘How to Rent: The Checklist for Renting in England’ booklet.”

Landlords or letting agents that do not follow the requirements could see the notice invalidated leading to any cases being struck out of court, further delays and possibly having to pay the tenant’s legal costs.

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29-June-17Legal News