13/09/2020

Updated Section 21 Validity flowchart

As we appear to have gone at least a week with no new law emerging that affects section 21, I have taken the risk of updating the s.21 validity flowchart.

It now includes:

  • All the various valid notice periods.
  • Tenant Fees Act effects after 1 June 2020
  • Updated position on Gas Safety Certificates after Trecarrell v Rouncefield (subject to any Supreme Court appeal)

Oh, and the links now work in the PDF.

This should hopefully now be good until 31 March 2021, when things may well change again…

 

 

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

8 Comments

  1. John

    At about 4.59pm on Friday 18/9/2020 after Baldrick (sorry, Jenrick) has wet his pants yet again following constant hectoring from Shelter and Generation Rant, the stay will be extended by a further four weeks…………. as with everything else to do with this pandemic they are now making it up as they go along. You’ll have to revise the flowchart yet again ……….sorry.

    Reply
    • Giles Peaker

      Fortunately for me, the chart is unaffected by stays.

      Reply
  2. Elliot Kent

    Thanks for doing this Giles – the checker is really helpful to many of us advising in these complicated times.

    My colleague has pointed out a typo on the first page in that both of the arrows following “Was the section 21 notice served on or after 26 March 2020 and before 29
    August 2020” say “yes”. Presumably the arrow pointing down is meant to say “no”.

    Reply
  3. Neil

    Thank you for the flow chart. It says on the chart if the deposit is more than 5 weeks rent, then the Section 21 would be invalid. Would this apply to a periodic tenancy where you can hold more than 5 weeks rent as the deposit?

    Reply
    • Giles Peaker

      You mean where the tenancy went periodic before 1 June 2019? Or a contractual periodic where the tenancy started before 1 June 2019?

      Yes that needs clarifying. *Sighs* I’ll add that in.

      Reply
  4. Neil

    Thank you for the updated flow chart it is a great help. A general question. that I hope someone can help with: How long does the Section 21 now last for before it expires/needs to be acted upon. It used to be 6 months and this was extended to 10 months by the Government. Does this only apply to new ones served or existing notices, that were served earlier in the year?

    Reply
    • Giles Peaker

      Only to ones served on or after 29 August 2020. That is what the first 3 pages of the flow chart are partly about ;-)

      Reply

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