Property Perspectives

Views and expertise from industry insiders

5 Minute masterclass: Serving a Section 21 notice

With… Helen Griffin-Booth, director, Bluerow Lettings

Prior to 1 October 2015, landlords looking to regain possession of their properties at the end of a contract just needed to issue a date specific Section 21 notice. With new changes for landlords having been introduced under the government’s Deregulation Bill, this has now changed and there are a few provisos in place which all landlords need to be aware of.

Proof of issue

First of all, if you want to use a Section 21 notice you must to be able to prove you have issued the following valid documents at the start of a tenancy:

1.  A valid gas safety certificate to the tenant

2.  A  copy of the Energy Performance Certificate (EPC)

3.  ‘How to rent’ guide, February 2016

4.  Form 6A, prescribed information completed with Section 21

5.  Deposit lodged correctly

6.  A valid licence on the property, where applicable

When can you serve it? How long does it last?

You can no longer serve the Section 21 at the start of the tenancy; you must now wait until four months of the tenancy have lapsed before serving, and then you must give the obligatory two months’ notice. It’s no longer date specific, only to be two months’ notice after four months of tenancy have lapsed. The Section 21 used to have no end life but this has also changed as, once served, the notice must be used within six months of issue or it will expire.

When can a Section 21 not be served?

If a property has a Housing Health and Safety Rating System (HHSRS) order or has a complaint outstanding council decision, you cannot issue a Section 21 and you cannot use a Section 21 within six months of an improvement order being made. With property maintenance it’s important you have dealt with or started to deal with any maintenance being reported to you within 14 days.

News story that caught my eye: Panama Papers

With… Julia Casimo, partner, John Kerr Chartered Accountants

It seems like only days since the Panama Papers story broke, with details of the rich/not so rich and famous/not so famous off–shore tax planning via Panamanian law firm Mossack Fonseca. I was interested to see that on 9 May the full searchable online database of the 11 million Panama documents will be released. I won’t be doing much searching myself, but I think HMRC will be and a few people might need a second opinion on how robust their previously ‘bullet-proof’ tax planning actually is.

Behind the business: Liverpool Residential Lettings

With… Matt Whelan, director, Liverpool Residential Lettings

The vision we have going forward is to be competitively priced against online agents but to offer the customer services you would expect from a good local high street agent. We offer our estate agency service for a low fixed fee on a no sale no fee basis.

Inspiring insight

With… Louis Anastasiou, managing director, Andrew Louis

What’s the best lesson you’ve learned?

I’ve learned so much from my mistakes over the years so I’m thinking of making a few more.

What’s your favourite quote?

“The problem is not the problem – the problem is your attitude about the problem.” – Anon.

Give one piece of advice…

A satisfied customer is the best business strategy of all.

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