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New Advice on Serving Section 21 Notices
This article is an external press release originally published on the Landlord News website, which has now been migrated to the Just Landlords blog.
The Association of Residential Letting Agents (ARLA) has teamed up with Fixflo, a repairs software specialist, to create a series of timelines that help letting agents understand the changes to section 21 notices.
The new rules apply to every new tenancy in England that started on or after 1st October.
The timelines highlight the importance of providing an adequate response to each repair request from a tenant, if an agent or landlord wishes to be sure that a section 21 notice cannot be invalidated.
Managing Director of ARLA, David Cox, states: “It has become apparent through speaking to our members that the full scope of the changes has not been fully understood across the industry.
“Put simply, if you provide what the legislation considers to be an adequate response to every repair request, then any section 21 notice that you serve cannot be invalidated for being retaliatory.
“While each agency will need to make its own assessment of the legislation, as the law remains subject to interpretation by the courts, in the absence of further Government guidance, we consider that the Fixflo method for handling the need to provide an adequate response constitutes best practice for the lettings industry.”1
Legal lettings expert Tessa Shepperson adds: “I’m a trained lawyer who specialises in this area of law and it took me several hours to fully get to grips with these changes, which should, if properly drafted, have been readily understood by non-lawyers.
“While it’s still open for the courts to interpret the legislation as they see fit, providing an adequate response to every repair request and being able to evidence that response is the best way for anyone managing a property, whether landlord or agent, to protect their business.”1
Any cases under the new rules will not reach the courts until April 2016, due to timing restrictions.
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1 http://www.fixflo.com/blog/2015/12/Section-21-Changes-New-Guide-For-Letting-Agents
