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May 10, 2017

NO PRESCRIBED INFORMATION OR SECURITY OF DEPOSIT: NO S.21 NOTICE

A private landlord is legally required to provide specific information to a tenant so that the landlord may rely upon the service of section 21 notice.

Section 21A

Section 21A of the Housing Act 1988 sets out that a section 21 notice may not be given at any time when the landlord of an assured shorthold tenancy is in breach of a ‘prescribed requirement’.

Prescribed Requirement

The Assured Tenancy Notices and Prescribed Requirements (England) Regulations 2015/16 sets out the notice requirements for a landlord. This does not apply to private registered providers of social housing.

The landlord must provide the tenant with:

  1. Regulation 2(a): An Energy Performance Certificate (EPC)
  2. Regulation 2(b): Gas Safety Certificates (annually)
  3. Regulation 3(3): The ‘How To Rent’ DCLG Booklet

This information may be sent via email where the tenant has given an email address or where the tenant has indicated that he is content to accept service of notices and other documents.

Section 215(1)

Section 215(1) of the Housing Act (HA) 2004 establishes that a section 21 notice may not be given at any time when:

  1. The tenancy deposit was not protected in an authorised scheme within 30 days of the start of the tenancy, or
  2. Information about the protection of the deposit under section 213(6) HA 2004 had not been complied with the same 30 day period

This is subject to section 215(2A) which states that a section 21 notice may be relied upon when:

  1. The deposit is returned to the tenant (less any agreed deductions), or
  2. A claim for the non-protection of the deposit has been dealt with by the county court under section 214(1) HA 2004.