New changes 1st October
From 1 October 2018 the changes will impact every AST, no matter when it was entered into. So from 1 October 2018 every tenant who has an AST will need to have been served with:-
- The How to Rent Booklet – https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723773/How_to_Rent_Jul18.pdf
- The Energy Performance Certificate (EPC) for the property;
- Gas safety certificate for the property, where applicable.
The service of How to Rent Booklets for tenancies entered into before 1 October 2015 is not strictly requirement, however we are advising that this step is taken as it is more robust and reduced the risk of a hearing being listed if a possession claim is required.
In order to bring an AST to an end, you will need to ensure that you use the prescribed Form 6A Section 21 Notice. Any other form of notice used after 1 October 2018 will not be valid. More information about the Form 6A is here:- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/515658/Form_6A_INTERACTIVE_FINAL_Possession_property.pdf
The rules regarding retaliatory eviction will also now apply to any tenant who has an AST. This means that if the local authority serve a ‘relevant notice’ in relation to the property, the landlord will be prevented from serving a Section 21 Notice for 6 months, and any notices served prior to the relevant notice will also be invalid.