A landlord is legally required to ensure that specific duties are undertaken by the landlord & that all relevant information is then provided to the tenant
A landlord of an assured shorthold tenancy (AST) cannot consider serving a Section 21 Notice on a tenant unless he has fulfilled two key legal requirements imposed upon all AST landlords in England.
Firstly the landlord is required to ensure that the tenant is provided with all ‘prescribed requirements’ and that the landlord secures the tenancy deposit in an authorised scheme within a specific timeframe and then provides the tenant with the ‘prescribed information’ about the deposit security.
‘PRESCRIBED REQUIREMENTS’
Section 21A of the Housing Act 1988 sets out that no section 21 notice may be given at any time when the landlord of an assured shorthold tenancy is in breach of a ‘prescribed requirement’.
The Assured Tenancy Notices and Prescribed Requirements (England) Regulations 2015/16 sets out the notice requirements for a landlord. This does not apply to a private registered providers of social housing. The landlord must provide the tenant with:
- Regulation 2(a): An Energy Performance Certificate (EPC)
- Regulation 2(b): Gas Safety Certificates (annually)
- Regulation 3(3): The ‘How To Rent’ DCLG Booklet
This information may be sent via email where the tenant has given an email address or where the tenant has indicated that he is content to accept service of notices and other documents.
A landlord cannot serve a Section 21 Notice on a tenant if the landlord is in breach of a ‘prescribed requirement’ or is in breach of the tenancy deposit scheme & ‘prescribed information’ for the scheme
THE TENANCY DEPOSIT PROTECTION SCHEME & PRESCRIBED INFORMATION
Section 215(1) Housing Act 2004 confirms that a Section 21 Notice may not be given at any time when:
- The deposit was not protected in an authorised scheme within 30-days of the start of the tenancy, or
- Information about the protection of the deposit has not been complied with.
But a Section 21 notice may be relied upon if there has been a breach of the tenancy deposit scheme if:
- The deposit is returned to the tenant (less any agreed deductions), or
- A claim for the non-protection of the deposit has been dealt with by the county court.
WHAT IS A SECTION 21 NOTICE?
A landlord can evict tenants who have an assured shorthold tenancy (AST) by implementing a Section 21 notice (Housing Act 1988) when the landlord wants his
- property back either at the end of the first six months with a periodic tenancy or at any subsequent stage of the periodic tenancy, or
- when a fixed term of the tenancy ends
FIND OUT IF YOUR DEPOSIT HAS BEEN SECURED
If you are a tenant of an AST simply call the three authorised agencies below to confirm that your private landlord has secured your tenancy deposit, as he is legally required to do.
- The Deposit Protection Service – 0330 303 0030
- My Deposits – 0344 980 0290
- Tenancy Deposit Scheme – 0300 037 1000
