1. Phill Warren Community Housing Manager Southend Borough Council

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

3.  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

4. 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”

5. https://www.gov.uk/government/publications/how-to-rent

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

8. 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)

9. 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)

10. 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)

11. 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)

12. https://www.gov.uk/government/publications/how-to-rent

13.  Full regulations (& incorrect s.21!) - http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf  Correct s.21 & amended regulations - http://www.legislation.gov.uk/uksi/2015/1725/pdfs/uksi_20151725_en.pdf  ‘How to Rent’ leaflet - https://www.gov.uk/government/publications/how-to-rent  Archive of the ‘How to Rent’ leaflets - http://nearlylegal.co.uk/how-to-rent-archive/  Retaliatory Eviction Guidance - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/465275/Reta liatory_Eviction_Guidance_Note.pdf  Deregulation Act - Retaliatory eviction (sections 33 & 34) http://www.legislation.gov.uk/ukpga/2015/20/section/33/enacted  Deregulation Act - s.21 rules (section 36) http://www.legislation.gov.uk/ukpga/2015/20/section/36/enacted  Smoke & Carbon Monoxide Regulations (regulation 4 in particular) http://www.legislation.gov.uk/ukdsi/2015/9780111133439/contents