Easy Come … (but not so) Easy Go
Recent legislative changes have placed more obstacles in a Landlord’s path, making it harder to repossess your property.
Getting In …
Installing tenants in a second property can seem an ideal way to secure extra income. Downloading “free” tenancy agreements from the internet or non-legal suppliers is not ideal way to do it.
Getting Stuck …
Most Landlords will know about deposit protection schemes but what do the changes created by the new Deregulation Act mean?
- A Notice to End the Tenancy (S.21 Notice) can no longer be served in the first four months of an Assured Shorthold Tenancy. Those Landlord who serve the Notice at the start of a tenancy, to terminate it at the end of the contractual term, will need to think again.
- You cannot serve a S.21 Notice unless before doing so, you have given the Tenant the following:-
- An Energy Performance Certificate
- A Gas Safety Certificate
- A copy of the DCLG booklet “How to Rent : The checklist for renting in England” which you can access through this link https://www.gov.uk/government/publications/how-to-rent
Getting Out …
You now have only six months from the date the S.21 Notice was served. A new Notice must be served if possession proceedings have not been issued within that period.
Even the form has changed; use the correct form or the courts will throw your claim out
Getting it Right …
Adam Waller is a Director and Head of Property at Graham & Rosen Solicitors. For more information about tenancy agreements and commercial property law contact Adam on 01482 323123 or [email protected] or go to www.graham-rosen.co.uk