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Question

Landlord Wants Tenant to Leave (England) | Prescribed Information (England)

s21 and how to rent guide

13 Aug 2016 | 3 comments

s21 has been served but no guide was issued at beginning of tenancy, what can i do?

Answer

3 Comments

  1. guildy

    If the tenancy was granted (or last renewal) on or after 1 October 2015, you will need to serve the how to rent guide and then 4 days after, serve a new section 21 notice.

    If however, the tenancy was before 1 October 2015, you don’t need to worry as it’s not necessary.

  2. eden2011

    really, have to reserve the s21? so these get chucked out of court if this element is missing? the accelerated forms dont mention the requirement to submit this, so is it a matter of if the tenant puts a defence in about this or it gets immediately struck out when the judge peruses the paperwork and finds that if its missing then it gets struck out? are there any cases that you know of where this has happened? im wondering whether its worth the risk or not

    • guildy

      The accelerated court form hasn’t yet been updated. It will depend on whether the judge is aware of the changes and / or whether the tenant raises it as a defence. I’m afraid I don’t know if it’s worth the risk.

      Our view is that the guide needs to be sent before service of the section 21.

      Please see this article for details.

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