Due to a combination of the Deregulation Act 2015 and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (S1 2015 No. 1646) there are big changes to the way in which Section 21 notices are issued from 1st October 2015.

The following changes will apply to all tenancies issued after 1st October 2015.  The old rules apply to tenancies issued before this date.  However, these rules will apply to all tenancies from 2018.

The new Section 21 (6A) Housing Act 1988 will be a prescribed Government form which will cover both fixed term and periodic tenancies.

It cannot be used in the first 4 months of a fixed term tenancy.

The new notice removes the need for the Section 21 to expire on the last day of a tenancy agreement.  Two months or eight weeks, depending on the tenancy agreement, is all that is required.

Possession through the courts must then be sought within 4 months after the expiry of the Section 21.

No Section 21 can be given unless tenant has been provided with:-

  • Energy Performance Certificate (EPC)
  • Gas Safety Certificate
  • How to Rent Booklet – This eight page booklet can be obtained from  No hard copies are available. It will be up to landlords/agents to download copies for their tenants.  However, this can be sent by email where the tenant has notified the landlord/agent, in writing, of an email address where they are prepared to accept service of notices.

Signature must be obtained from the tenant to show that they have received this information.

As the Regulations state that the above information has to be given but does not state at what stage they are to be issued, landlords/agents are advised to give this information out at both the issue of the tenancy and again with the Section 21.

If tenancy is renewed with the same tenant, a new How to Rent Booklet would have to be issued if booklet has been updated by Government.

When serving notice allow 2 extra days on notice for delivery – these must be working days and not weekends or public holidays.