Phill Warren Community Housing Manager Southend Borough Council

 Changes at the start of a tenancy  When can a s.21 be issued?  Retaliatory evictions  Smoke & Carbon Monoxide alarms

 Issued under Section 21 (s.21) of the Housing Act 1998 – “Recovery of possession on expiry or termination of assured shorthold tenancy.”  Must be issued, and issued correctly, to bring an Assured Shorthold Tenancy (AST) to an end

For all new or renewed AST’s starting on or after 1 st October 2015 (doesn’t include rolling periodics) You can’t issue a s.21 until a tenant has been given;  An energy performance certificate (EPC)  A gas safety certificate  The correct version of the leaflet “How to rent: the checklist for renting in England”

The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015

For all new or renewed AST’s starting on or after 1 st October 2015 (doesn’t include rolling periodics)  Must be the new prescribed s.21  Can’t be issued in first 4 months  Must be enforced within 6 months  Doesn’t need to expire on last date of a rental period – just 2 months notice required (+ 2 days…) (Section 36 Deregulation Act 2015)

A s.21 is invalid if;  Before it was issued, a tenant complains in writing about living conditions  The landlord doesn’t respond to the complaint within 14 days, or issues an inadequate response, or issues the s.21 immediately following the complaint  The tenant then complains to the Local Authority about the same matter  The Local Authority then serves a relevant notice in response (which could be for a completely different thing than the tenant complained about)

What is a relevant notice? Improvement notices relating to category 1 & 2 hazards or emergency remedial action (sections 11,20 or 40(7) of the Housing Act 2004) A s.21 cannot be issued within 6 months of receiving the relevant notice OR if suspended, within 6 months of the day the suspension notice ends (Sections 33,34 Deregulation Act 2015)

From 1 st October 2015 a landlord must ensure;  A smoke alarm is fitted on each storey used as living accommodation  A carbon monoxide alarm is fitted in any room containing a solid fuel combustion appliance  These alarms are checked on the first day of a new tenancy These are effective immediately with no grace period… (Smoke and Carbon Monoxide Alarm (England) Regulations 2015)

 Full regulations (& incorrect s.21!) -  Correct s.21 & amended regulations -  ‘How to Rent’ leaflet -  Archive of the ‘How to Rent’ leaflets -  Retaliatory Eviction Guidance - liatory_Eviction_Guidance_Note.pdf  Deregulation Act - Retaliatory eviction (sections 33 & 34)  Deregulation Act - s.21 rules (section 36)  Smoke & Carbon Monoxide Regulations (regulation 4 in particular)