Portfolio - Issue 5 - Autumn 2018 - Page 78



PROPERTY MANAGEMENT
LANDLORDS
BEWARE
THE NEW SECTION 21 RULES
WILL CHANGE THE WAY YOU
APPROACH TENANCIES
Catherine Affleck, Bradley Hall’s Head of Property
Management and Operations Director. Discussed the new
Section 21 changes and how they will impact landlords.
When it comes to ending a tenancy,
many terminate quietly and easily – with
the tenant simply handing in their notice
and leaving when agreed. However,
occasionally (and most likely
unexpectedly) a problematic tenant will
need to be evicted – which is why every
tenancy needs to be treated with caution
and preparation to avoid any
discrepancies and legal expense.
There are many legal requirements
which landlords must follow when it
comes to ending the tenancy. These rules
and regulations are often updated and
changed and landlords can often struggle
to keep up. The new Section 21 (of the
Housing Act 1988) changes regarding
providing notice to tenants have caused
confusion and panic following the
amendments in October 2018.
A number of changes were
implemented in October 2015 due to the
introduction of the Deregulation Act
2015, however, from 2018, further
amendments have been brought into
force.
The key to a seamless process is
keeping a detailed record of everything
and ling all necessary documentation –
which is a chore, but with changes coming
into force it is now more essential than
ever. This detailed record could include; a
written description and notes on rst
contact, a pre-tenancy interview form, an
application form for each adult resident, a
check in and out list which includes
important tasks for new or departing
tenants, an inventory, risk assessments
and a right to rent declaration.
Other paperwork must be taken care
of at the point of tenancy, which will also
be needed if a possession order comes
into play. The tenant must have been
provided with a 10 year Energy
Performance Certicate, a current copy of
the Gas Safety Certicate and an up to
date copy of the Government Booklet:
How to rent: the checklist for renting in
England. The landlord must also protect
any deposits and serve the s213 notice
within 30 days. The landlord must be able
to provide proof that all required
documents have been provided, either
with a tenant’s signature or proof of
service.
You’d be right in thinking this sounds
like a big admin task and fairly time
consuming, however, ticking all of the
boxes at the beginning of the process will
reduce the chances of dispute when
ending a tenancy. Within the new Section
21 rules, there are also changes to notice
periods. Landlords are not able to serve
the Section 21 notice within the rst four
months of a tenancy but can do so at any
part within a renewal tenancy. The new
notice period is simply two months, with
exceptions for quarterly or longer periods.
Additionally, new rules state that once a
Section 21 is served it is only valid for six
months.
Eviction is a three-stage process, which
MEET THE BRADLEY HALL PROPERTY MANAGEMENT TEAM
Catherine Aeck
Operations Director and
Head of Property Management
0191 232 8080
78
Laura walker
Senior Property Manager
0191 232 8080
Joseph I'Anson
Chartered Surveyor
0191 232 8080
winkie Leung
Property Manager
0191 232 8080
Anthony Barella
Property Manager
0191 232 8080
PORTFOLIO MAGAZINE

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