How to Rent guide and Section 21 notice updated
How to rent guide and Section 21 notice updated:
Overview of the updates
When starting a new tenancy, you must comply with all the prerequisites.
Notably, this is applicable when renewing an existing tenancy.
It also applies when serving a Section 21 notice.
It is vital to utilize the latest documents and forms.
So, you must be conversant with the latest requirements through this information.
Apparently, the Tenant Fees Act 2019 came into effect on June 1, 2019.
This led to the need for the Government to produce an updated version of “How to Rent”.
You can get this updated version here.
Due to the new Act, the government had to update the Section 21 notice.
This Section 21 possession notice is also called Form 6a.
You can get the updated version of this notice here.
A homeowner must be careful before can serving a valid Section 21 notice.
This act introduces another criterion to consider when serving the notice.
This criterion demands that the homeowner must not have obtained a “prohibited payment”.
The Tenant Fees Act of 2019 prescribes this prohibited payment.
Details of “How to Rent” guide
The “How to Rent” guide offers a set of useful information.
The set of information is for both the homeowners and renters.
It details the obligations of each party according to an AST residential tenancy in England.
Also, this guide provides advice to individuals who are looking for rental properties.
Furthermore, it offers vital advice to renters in any rented units.
The implementation of the Deregulation Act of 2015 led to the introduction of this guide.
The Deregulation Act of 2015 brought changes to the letting rules.
It is the legal obligation of homeowners to provide their renters with the guide.
The version of the “How to Rent” guide must be the latest one.
Moreover, the landlords must provide it at the beginning of a new.
Alternatively, they can provide the guide when renewing the tenancy.
This rule came into effect since October 1, 2015.
Details of the Section 21 notice
The provision of the updated guide plays an important role in the use of Section 21 notice.
The landlord should not serve the Section 21 notice without providing the tenant with the updated version of the guide.
Undoubtedly, if they serve the notice, it is void and cannot be enforced.
Primarily, the government is planning to alter the Section 21 not-fault eviction process.
However, the homeowners can use it to evict a renter when necessary.
It is important for homeowners to realize the importance of the Section 21 process to them.
Hence, they should protect their survival by using it only when they have legitimate reasons.
Several Acts were established in the past years.
These Acts make it compulsory for landlords to meet some administrative requirements.
Afterwards, they can use the Section 21 process.
Generally, these requirements make it important for homeowners to be meticulous.
They must pay attention to details when establishing new tenancies.
Similarly, they must have documentary evidence of following due process.
Failure to do this may affect their use of the Section 21 process.
If you need help with establishing a new tenancy, contact us now at Reneza.
Our experience and expertise will help you avoid any pitfalls.
A reminder of the Section 21 requirements
Notably, most rental units operate under an assured shorthold tenancy (AST).
So, landlords and letting agents can serve a Section 21 notice for an AST.
There are several general legal criteria that the landlords and letting agents must meet.
In addition, they must:
- Provide the renter with a current Gas Safety Certificate. This is for a rental unit that has a gas supply. They must provide this certificate at the beginning of the tenancy. Additionally, they must ensure that they service the gas appliance each year. In some recent situations, the homeowners do not comply with this requirement. As long as the tenancy is valid, they cannot correct this situation. Thus, it is impossible to serve a valid section 21 process.
- Offer a current Energy Performance Certificate (EPC) to the tenant. However, there are a few exemptions. For instance, the landlords cannot provide the certificate to different tenants in HMOs. In such a situation, they should display the EPC in the HMO building in a prominent place. This ensures that everyone in the building can see it.
- Provide the current version of the “How to Rent” guide to the tenant. It must be the current version. Also, they must provide it at the beginning of a new or renewed tenancy.
- Provide detailed, accurate information about security deposits. This includes the details of the deposit protection scheme used. The landlord or letting agent must protect the deposit within 30 days of collecting it. Also, they must serve information on the individuals paying the deposits.
- Offer the tenant a copy of a selective licence or an HMO licence. Nonetheless, this is only meant for places where it is applicable.
- Document any deposit, including a holding deposit. Also, the landlord or letting agent must return the deposit to the renter.
Possible changes in the future
In the nearest future, there may be more requirements.
The landlords will need to serve a valid Electric Safety test certificate.
Likewise, they will need to serve improved EPC to the renters.
This EPC must fulfil the minimum energy efficiency standards (MEES).
Therefore, the EPC must have a minimum of an E rating.
Landlords can use electronic methods, such as emails, to send the documents to their renters.
Nevertheless, they must ensure the copies are original files, not just web links.
Similarly, the renter must agree to receive the documents through this method.
To ensure this, you should add a clause regarding this point in the tenancy agreement.
Also, the tenant must acknowledge the receipt of the documents.
Perhaps you want to know more about these documents.
Do not hesitate to speak to us today at Reneza.
We offer a wide range of real estate solutions to both renters and landlords.
Call us now for a one-of-a-kind solution.