Authorised and Unauthorised occupiers

Although it is expected that the Rental Reforms will eventually see the phasing out of so called ‘no-fault’ evictions, until any changes are implemented, Section 21 Notices remain the most common possession notices used for when the landlord intends to recover possession without a breach in the tenancy agreement. As a result, to be effective they require neat and tidy tenancy paperwork to support them.

If the tenancy commenced, or renewed after 1^st October 2015, the following paperwork needs to be served on the tenant before a Section 21 Notice can be served:

• Energy Performance Certificate (EPC)
• Gas Safety Certificate (if there is gas in the property)
• How to Rent guides

However, for tenancies that span over the years with multiple versions of guides and updated certificates, there can be a lot of paperwork and it is easy to see how this can become jumbled and confusing. Yet, it is crucial to ensure everything is in order to avoid problems arising later during court proceedings (should they be required).

All of the How to Rent guides are automatically added to BOX, making it easy for you to stay on the right side of the regulations.

Common mistakes, with advice on how to prevent issues:

1. Out of date prescribed information: It is common for deposit amounts to change or be moved to a different deposit service as a tenancy goes on. However, if this is the case then a new prescribed information needs to be provided to the tenant. Failure to do this can lead to issues with court proceedings. Therefore, be sure to update and serve a new prescribed information and deposit certificate before a Section 21 Notice is served if there is a change in the deposit amount or the deposit scheme.
2. Deposit scheme leaflets: Ensure that deposit scheme leaflets or terms and conditions are also supplied if they are part of the prescribed information
3. Out of date gas safety certificates: Gas safety certificates must be renewed annually, with a copy served on the tenant. Ensure there is a gas safety check in place when serving a Section 21 Notice.
4. Incorrect versions of how to rent guides: How to Rent guides are a real source of frustration. There have been multiple versions released since 2015 and some have confusing labelling. For example, the July 2019 version is dated ‘May 2019.’ Therefore, it is important to understand which version is which, and which versions are relevant to the tenancy at hand. The current version of the how to rent guide should be served either when the tenancy started, changed to a periodic tenancy, or there was a renewal.
5. If notices are sent by 1^st class post, then ensure that two extra working days are added when calculating the expiry date.
6. Be careful how you word any agreements with the tenant to say in the property as this could invalidate notice.

When you’re serving a Section 21 Notice, attention to detail is key. When you keep all of your paper up-to-date and compliant, you’re not only protecting your landlord but are also reducing the risks of delays in legal proceedings. Use BOX for storing all tenancy documentation, and if you do need to serve notice on the tenant, all of their relevant documents can be downloaded in a handy zip file!

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