For all new tenancies after 1st October 2015 landlords will have to ensure certain measures are met so they can legally evict tenants from their buy-to-let properties should the situation arise.
The key points from the new rules are as follows:
- Section 21 notices can no longer be issued until the tenant has lived in a property for a minimum of four months.
- A section 21 notice will only be valid for six months, therefore possession proceedings must be commenced within this timescale or a new section 21 notice must be issued.
- When a tenant has raised a complaint in writing regarding the condition of the property the section 21 notice could be invalidated if the correct complaints procedure has not been adhered to or appropriate remedial action has not taken place.
- Landlords have legal obligations to tenants for the following:
- Provide tenants with a Gas Safety Certificate
- Provide tenants with an Energy Performance Certificate
- Provide tenants with the Government’s “How to rent guide“
- If deposits have been taken at any time in the past and not been fully protected in one of the government approved schemes the section 21 notice would be invalidated.
While these rules are for new tenancies from the 1st October 2015, all tenancies from 1st October 2018 will have to adhere to these rules.
As a precaution, we would recommend that any documents you provide to tenants are signed for to confirm receipt.
Legal Expenses Insurance for Landlords
Rules and regulations are there to protect the tenant and landlord, however the more rules and regulations there are, the more confusing it gets to fully understand your requirements and the implications if you do not meet them.
At Alan Boswell Group we provide legal expenses insurance either standalone or in conjunction with rent guarantee insurance. This insurance provides you with 24/7 legal advice via a hotline and also provides financial assistance and support when pursuing possession and other property matters through the courts. To find out more call us on 01603 218000.