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Wed 22 May 2019

New prescribed form of section 21 notice to reflect Tenant Fees Act 2019 - IMPORTANT DATE

The Tenant Fees Act 2019 (TFA 2019) comes into force on 1 June 2019 and will restrict the payments that landlords can require from tenants and the amount that may be taken as a holding deposit for most assured shorthold tenancies (ASTs) in England.

A landlord will not be able to serve a notice under section 21 of the Housing Act 1988 (Section 21) to terminate an AST so long as all, or part of, a prohibited payment or holding deposit has not been repaid, or (with consent) applied towards the rent or tenancy deposit (Section 17, TFA 2019).

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 (SI 2019/915) have been made and come into force on 1 June 2019 to correspond with the commencement of the TFA 2019. The Regulations substitute a new prescribed form for seeking possession under section 21 of a property let on an AST. The changes to the prescribed form:

  • Reflect that the landlord may not use it if prevented from doing so by section 17 of the TFA 2019.
  • Provide more information about section 75 of the Housing Act 2004 which restricts the landlord from serving a section 21 notice where the property is an unlicensed house in multiple occupation (HMO).
  • Provide information for tenants about support services if they are at risk of homelessness.

For more information on the changes, please contact Steven Porter on telephone number 020 7644 6091 or email sporter@jpclaw.co.uk or Yashmin Mistry on telephone 0207 644 7294 or by email: ymistry@jpclaw.co.uk, or contact either of them on LinkedIn – Yashmin Mistry, Steven Porter

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