A Happy New Year to you.
Despite the fact that landlords and agents have had a new Section 21 Notice in force for over 2 years a large number continue to be unaware of the new form. The new notice must currently be used if possession is sought under an assured shorthold tenancy which commenced after 30 September 2015. The error in not using the correct form and applying the new requirements continue to lead to delay and loss of rent for the landlord.
It remains that where possession is sought under an assured shorthold tenancy which commenced prior to 1 October 2015 the old form of Section 21 Notice can be used. However the use of 2 different forms remains in force until 1 October 2018. At that point the new form of notice must be used irrespective of when the tenancy commenced.
Landlords and agents need to acquaint themselves with the new form and rules which accompany it. It may be difficult to obtain possession under the new requirements, which I previously summarised in the article linked below, so the position should be reviewed sooner rather than later.
I would be happy to review the procedures and notices used by landlords and agents. Please feel free to address any queries with me at firstname.lastname@example.org
The new Section 21 notice applies to assured shorthold tenancies granted on or after 1st October 2015. The new rules will not apply to a fixed term assured shorthold tenancy granted before 1st October 2015 even if the tenancy continues as a statutory periodic tenancy after that date (although this will change from 1st October 2018).