Restrictions of use Section 21 Notices


Primary concern is the legal challenge  - the rules although intended prohibition of service of a Section 21 Notice are implies as same deterance and move over to Section 8 as a inference S8 should have been prohibited

  • No section 21 Notice maybe issued until after the fourth month of commencement of tenancy and eviction using such notice MUST be commenced no later than 4 months after expiry of notice.
  • Abolishing the need for a section 21 to expire on the last day of a rental period
  • There is also provision for future restrictions on use of Section 21 Notice
SUMMARY OF NEW LAW
NEW- Preventing retaliatory eviction
Deposit Protection Compliance
THIS PAGE
Time Frames and Legal refs
 
NOTE VERY IMPORTANT NEW RULES RE SERVICE OF SECTION 21 NOTICES
  • No section 21 Notice may be given/issued until AFTER month 4 of commencement of tenancy Part 36 2 (4B) ", within the period of four months beginning with the day on which the tenancy began"
  • An application to court using such 21 Notice MUST be made within 6 months of date of issue of notice AND also within four months of expiry of notice. otherwise invalid relates to legislation Part 36 4D- meaning a Section 21 notice will only have a shelf life of 6 months after which possession proceedings cannot be issued on the said notice, so a new Notice MUST thereafter be issued.
  • Abolishing the need for a section 21 to expire on the last day of a rental period shall be nullified in the 1988 housing Act. This is a farce as PIMS member Roger Spence [Spencer vs Taylor] has already created legal precedent [case law, see related story PIMS Members wins legal battle - Mistake on Section 21 can be expensive ] so this gambit is meaningless. Legislation is Part 35 .Notice to be provided in relation to periodic assured shorthold tenancies
  • Additional Prevention of Use of Section 21 Notices - Pre Disclosures pre service Section 21 this is secondary legislation that as is has not been finalised. Meaning when the government tell you we want you to do it then Landlords must do it - but at this moment nobody knows what this shall be. This sounds ridiculous but this legislation was rail roaded through - PIMS Article Inclusion of Section 21 restriction on use is abuse of intended purpose of deregulation bill such may relate to (a)the condition of dwelling-houses or their common parts, (b)the health and safety of occupiers of dwelling-houses, or (c)the energy performance of dwelling-houses. Section 38 Compliance with prescribed legal requirements, examples failure to provide EPC, Gas Safety, HMO Fire Safety Order may invalidate use of Service of Section 21 Notice. There is likely to be a requirement to furnish the tenant with further information as is the legislation is non committal as to what it shall be - see Part 39 Requirement for landlord to provide prescribed information
  • Where notice served and the Tenant leaves when paid rent in advance one must refund such monies Part 40
PIMS Members Guidance
There is much industry confusion as to time frames but implies Legislation phased in depending on commencement of tenure and which component of this act applies. Subject to subsections (2) and (3), a provision of sections 33 to 40 applies only to an assured shorthold tenancy of a dwelling-house in England granted on or after the day on which the provision comes into force defined in Part 41 Application of sections 33 to 40
  • PIMS do however believe Landlords and Agents proceed with caution [adopting new working practices] as we envisage new legislation is always prone to legal challenge in that "The fact their clients Tenure commenced earlier and another person whos tenure commenced after 27th March 2015 is afforded greater protection is contrary to Section 8 of their clients Human rights" You would not believe the Barrister Arguments we have seen when it comes to Legal Aid Tenant defences- Sadly we suspect this defence would have legs to take to Court of Appeal
Summary of Legislation The Deregulation Bill comprises of 116 parts, The Housing and development Section consists of parts relating to Tenancy Matters - including Section 21 restrictions
Until cases are appealed nobody shall truly know how these new laws shall be interpreted - but until such air on side of caution . S 21 after month 4 and ONLY used to apply to court within 6 months of date of issue so tops four months window to use S21
 
Implementation date 1st October 2015 as define by statute http://www.legislation.gov.uk/uksi/2015/994/pdfs/uksi_20150994_en.pdf