CHECKLIST GUIDE - to Obtaining Possession after October 2015
The changes and impact of the Deregulation Act 2015 complicate and again confuse the process for landlords and agents. As specialist litigation solicitors experienced in assisting landlords and agents in regaining possession of property we have prepared this checklist to help.
Each case will vary and the checklist below is an indicative rather than comprehensive list of the relevant issues. Each of the items below must be considered before a valid section 21 notice can be served relating to any tenancy commencing after 1st October 2015. If you are unclear on any aspect we offer a FREE landlord and agent advice line especially for this purpose - simply call us on 01273 761990 to discuss your requirements.
We have set out below a list of core requirements and factors that landlords need to consider before attempting to serve a valid section 21 notice for tenancies commencing after 1st October 2015. Where we are instructed to act for landlords we review compliance with all of these aspects, draft and serve the notice for a xed fee of £200 +VAT.
- Have smoke alarms and carbon monoxide detectors been fitted in the property?
- Does the property require an HMO licence, or any other additional licencing put in place by the Local Authority? If so, has the licence been obtained?
- Was a deposit taken from the tenant?
- If so, was the deposit protected with a recognised scheme within 30 days of receipt?
- If a deposit was taken and registered, was the deposit prescribed information, including any applicable leaflet, provided to the tenant within 30 days?
- If there is any gas supply or appliances within the property has a gas safety certificate been obtained in the last 12 months?
- Has a copy of the gas safety certificate been provided to the tenants within the last 12 months?
- Has an Energy Performance Certificate been obtained for the property? If so, has this been provided to the tenant?
- Has the tenant been provided with the ‘How to Rent’ booklet?
- Has any notice been received by you (landlord or agent) from the local authority relating to the property?
- If a form of notice has been received from the local authority detailing category 1, category 2 or emergency hazards, has 6 months expired since the expiry or withdrawal of any such notice?
- Has the tenant made any complaint in writing to you (landlord or agent) regarding the condition of the property?
- Have you (landlord or agent) provided an ‘adequate’ response to the complaint?
- Has the landlord provided the adequate response to any complaint by the tenant within 14 days?
- Have at least 4 months expired since the start of the tenancy?