The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 came into effect on 6 April 2015, which requires letting agents and landlords to amend their Section 8 and Section 13 Notices to avoid being challenged by a tenant. Brady Solicitors’ Lydia Anderson highlights the key changes.
The new regulations make several amendments, but the two which are of significant importance to letting agents and landlords are the changes to the Section 8 Notice (notice seeking possession) and the Section 13 Notice (landlord’s notice proposing new rent).
Amendments to Section 8 Notice
The Notice, which should follow a prescribed format, must now include references to Grounds 7A and Grounds 14ZA in the ‘Notes on the Grounds for Possession’.
Mandatory Ground 7A entitles a landlord to take possession of a property providing certain conditions are satisfied. These include the tenant having participated in, or been convicted of, an offence under the Anti-social Behaviour, Crime and Policing Act 2014 or breached an injunction granted under the same Act.
Discretionary Ground 14ZA relates to a tenant who has been convicted of an offence during, or at the scene of, a riot in the UK.
Amendments to Section 13 Notice
The Notice, which should also follow a prescribed format, must now include reference to the fact that the forum for referring any rent not agreed is the First Tier Tribunal (Property Chamber), as opposed to the Rent Assessment Committee.
The new prescribed forms for each of the Notices are as set out in the new regulations.
What should you do now?
Letting agents and landlords should amend both their Section 8 and Section 13 Notices as soon as possible to avoid either Notice being challenged by the tenant, or the Court deeming the Notices invalid.
For further information or advice please contact us.