As a responsible agent it is imperative that I know all the rules around serving a notice to quit such as a Section 21 notice, the most common notice used by landlords and agents.
However with increasing compliance in the PRS I MUST stay ahead of the game & ensure this is done in a correct way which does not cause issues further down the line.
We have dealt with countless landlords/landladies over the past 12 months who have asked us to take over managing a property due to their limited knowledge around this subject.
If you are considering serving notice on your tenant the following MUST be done in all cases.
- You must ensure the deposit has been protected with an approved deposit scheme & the tenant has a copy of the prescribed information & deposit leaflet.
- The deposit MUST be protected within 30 days of receiving it.
- You must provide a minimum of 2 months’ notice, this can be from the day you serve & does not need to run in line with the tenancy period.
For all tenancies from 01/10/15 the below must also apply
- You must provide the tenant with a copy of the gas safety certificate, EPC & latest version of the “How to Rent” document
- If you have received an “improvement notice” from the local authority regarding repairs then a notice cannot be served for 6 months.
- A notice cannot be served within the 1st 4 months of the tenancy.
It is important to ensure you comply with these points BEFORE notice is served, otherwise your notice will be dismissed at court if you attempt to evict your tenant.
Furthermore from 01/10/18 ALL tenancies no matter when they started will be protected by the above points.