On 1 October 2015 changes to the Housing Act 1988 section 21 notice procedure were introduced by the Deregulation Act 2015. Landlords need to be familiar with the changes to avoid delay in gaining possession.

The amended procedures place further restrictions on when a landlord can serve and enforce a section 21 notice in relation to residential properties let on assured shorthold tenancies (ASTs). There is also a new prescribed form of Section 21 Notice.

The new legislation:

• Prevents a landlord from serving a section 21 notice in the first four months of the AST;
• Restricts any claim for an order for possession, so that it must be started within six months' from the date the section 21 notice was given. A fresh section 21 notice will have to be served if possession proceedings have not been started within these time limits;
• Prevents a landlord from serving a section 21 notice unless it has provided the tenant with an Energy Performance Certificate or a gas safety certificate;
• Prevents a landlord from serving a section 21 notice unless it has provided the tenant with prescribed information in the form of a booklet available on line called DCLG: How to rent: The checklist for renting in England;
• Prevents the landlord from retaliatory eviction.

The landlord must, of course, comply with tenancy deposit rules in order to use the section 21 notice procedure.

The changes only apply to ASTs granted on or after 1 October 2015 and are not mandatory in relation to ASTs in existence before that date, or to statutory periodic tenancies arising after 1 October 2015 pursuant to a tenancy granted before that date.

The prescribed form of notice must be used when ending an AST granted on or after 1 October 2015. The new Section 21 notice may nevertheless be used for all ASTs.

It would be best practice to provide the prescribed information, DCLG booklet, energy performance certificate and gas certificate at the start of an AST, to make sure that these requirements have been satisfied.

Landlords and managing agents must note that the practice of serving a section 21 notice on the first day of a tenancy is no longer permitted.

Landlords will also have to be more proactive in issuing possession proceedings if a tenant does not vacate the premises by the date set out in the section 21 notice. If the landlord has not issued proceedings within six months of the date the notice is given, it will have lost the right to do so based on that notice and a fresh notice will have to be served.