Regarding the section 21 notice itself, whilst there is no longer a need for the tenancy to end on a specific day in any circumstances, new rules will shortly apply concerning when such notices can be served:
Such notices will no longer be valid where served at the start of the tenancy. Tenancies will have to be in existence for a minimum of 4 months;
Restrictions will apply affecting a landlord's ability to serve these notices where he has received a certain type of statutory notice and/or the tenant has complained to a landlord regarding the condition of the property which has not been substantively responded to within 14 days; and
Certain information (yet to be confirmed) will need to be provided by the landlord to the tenant informing them of the rights and duties of the parties. Should a landlord fail to do so he will not be able to serve a section 21 notice until he does.
Further restrictions will apply regarding starting possession proceedings under section 21:
Proceedings for a fixed term or statutory periodic tenancy can only be started within 6 months of the date of the section 21 notice;
Proceedings for periodic tenancies (excluding statutory periodic) can only be started within 4 months of the date the notice expires.
To avoid getting caught out by the new rules or for more details on landlord and tenant law generally contact our General Litigation Team today on 0161 665 3502.
