Private landlords who let their properties on assured shorthold tenancies have, until now, obtained possession of their property at the expiry of the term of an assured shorthold tenancy by serving a section 21 notice on the tenant, without giving any grounds, and giving the tenant two months’ notice to leave. If the tenant does not comply with the notice, court proceedings may be issued to obtain possession.

(A different procedure - using a section 8 notice - is used if tenants are in arrears of rent or have broken the terms of the tenancy agreement, for example by causing damage to the property.)

There is a change in the legislation in relation to tenancies created on or after 1 October 2015. This relates to information which must be provided to the tenant prior to the commencement of the tenancy. Such information includes making available copies of:

•  the energy performance certificate;
•  the gas safety certificate; or
•  a copy of the Government’s ‘How to Rent Guide’.

The notice to the tenants in is a prescribed form and further information and guidance can be obtained from the Residential Landlords Association website at http://www.rla.org.uk/landlord/guides/guidance-on-section-21-notices.shtml?zoom_highlight=section+21