Restrictions on service of Section 21 Notices for ASTs

Bedford landlord law expert Lynne Quarmby reports that plans have been announced by the government to amend the deregulation bill to prohibit 'retaliatory evictions' where a tenant has complained of alleged disrepair.

The proposed charges are as follows:

No valid section 21 notice may be served to terminate the tenancy where:
a) The tenant has notified the landlord of disrepair
b) The landlord has failed to respond within 14 days
c) The tenant has then complained to the local housing authority about the disrepair, and
d) The authority has served a notice of disrepair on the landlord.

It is understood that an exception will be introduced for landlords who are trying to sell their property.

Furthermore, there will be additional prohibitions on serving a section 21 notice at any time when a landlord has failed to provide a tenant with an energy performance certificate or gas safety certificate. These restrictions are highly likely to catch out landlords who do not receive professional advice prior to granting assured shorthold tenancy agreements.

For more information, please contact Bedford solicitor Lynne Quarmby on 01234 270600. 

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