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S21 - government confirms October 1 deadline despite legislation hitch

The government has confirmed that its new Section 21 regulations will come into effect on October 1 despite a high-profile hitch in drafting the legislation.

Last week we reported that some industry bodies believed there was a substantial risk of the deadline not being met as a result of drafting errors.

However, the government says amendments have now been tabled to revise the wording of the legislation, and a new Section 21 form has been circulated for last minute comments from the industry and consumer bodies.

Therefore it is now just about certain that from October 1 at the start of a new tenancy a landlord or agent acting on their behalf must furnish tenants with a valid Energy Performance Certificate, an annual Gas Safety Certificate and a copy of the government's How To Rent guide.

Failure to do this means the agent or landlord cannot serve a section 21 eviction notice. 

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    The first time the notice can be used is the 1st February 2016 so the Government have got time to change the wording.

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    A section 21 can be issued on 1 October if the landlord/agent wants to - it just can't be enforced until after 6 months (or the end of the fixed term period), so the wording needs to be agreed by 1 October.

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    No, you cannot ISSUE a S.21 within the first 4 months of a tenancy agreement beginning 01st October.

     
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