With the recent announcement at the Labour Party Conference, it’s clear that the abolition of Section 21 notices is coming soon. Landlords will no longer be able to rely on this route for evicting tenants without providing a reason. Now is the time to start preparing for these changes to avoid complications in the future.
Here are three key steps landlords should take to get ready:
1. Get Your Documentation in Order
Documentation is crucial when dealing with Section 21 notices. If you plan to serve a notice before the changes take effect, you must ensure that all required documents are in place. Here’s what to double-check:
- Gas safety certificates: Make sure these are up-to-date.
- EPC (Energy Performance Certificate): This should be valid and provided to your tenants.
- How to Rent Guide: Ensure that your tenants have been given the latest version of this guide.
- Deposit protection: Verify that the tenant’s deposit is properly protected in an approved scheme and that the prescribed information has been provided to them.
One common issue we see when advising landlords on Section 21 is incomplete or missing documentation. Now is the time to review and organise these records, especially if you’re planning to serve a Section 21 notice soon.
2. Avoid Retaliatory Evictions
With the changes ahead, landlords need to be more cautious about how and why they serve a Section 21 notice. Serving it as a retaliatory measure—for instance, after a tenant requests repairs or maintenance—can lead to legal challenges.
If tenants have reported issues or requested repairs, it’s best to address these promptly to avoid accusations of retaliatory eviction. Keeping your property well-maintained and ensuring tenants are satisfied can prevent disputes and create a smoother tenancy experience.
3. Ensure Your Section 21 Notice is Correct
If you’re still planning to serve a Section 21 notice before it’s abolished, it’s critical that you do it correctly. Failing to comply with the legal requirements can result in the notice being deemed invalid. Double-check that all the documentation is provided, and consult legal advice if needed to ensure the process is followed accurately.
Final Thoughts
With Section 21 notices set to be abolished, landlords need to act now to prepare for the upcoming changes. Ensuring your documentation is complete, avoiding retaliatory measures, and following the correct legal procedures will help you navigate this transition smoothly.
If you need further guidance or assistance in preparing for the abolition of Section 21, WYN Legal is here to help. Visit www.wyn.legal for more information or feel free to reach out to Pranav Bhanot (pbhanot@wyn.legal) or Binal Shah (bshah@wyn.legal).
Stay ahead of the changes and protect your rights as a landlord!
