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Have you served a defective Section 21 notice?

One of the requirements for serving a valid Section 21 notice on a tenant is that a current version of the government’s How to Rent guide has been served on the tenant prior to serving the Section 21 notice.

The How to Rent guide is frequently updated; the last update being 17 January 2018.

What this means to you

All new tenancies, renewals or fixed-term tenancies which become periodic (roll-over) must include a copy of the updated How to Rent Guide. If not then any Section 21 notice served on that tenant will be invalid and possession will not be granted.

This applies even if the tenant was served with the How to Rent guide at the start of the tenancy.

An example of how the rule applies:

Tenancy began 19 July 2017 – How to Rent guide served

Six month term ends

Tenancy renewed or periodic 19 January 2018 – new How to Rent guide served

Why it was changed

The amendments made were very minor changes removing any reference to the London mayor’s London Rental Standard, which was abolished in 2007. It is very likely that the guide will change again after April 2018 due to proposed changes to the law in relation to landlords and tenants, however, it is crucial that landlords do not wait for these changes but serve the updated version if they have any of the following:

  • New tenancies starting post 17.01.18
  • Renewal tenancies with a renewal date after 17.01.18
  • Any fixed-term tenancy that rolls over into a statutory periodic tenancy after 17.01.18

If you are a landlord or letting agent and are unsure of the rules and regulations in this area, we have experts on hand who would be happy to have a chat with you – call 01302 320621 today.




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