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Landlord update for tenancies granted on or after 1 October 2015

Ending a tenancy

A section 21(1) notice, by a landlord for ending a tenancy without grounds but with 2 months’ notice:

  • Must be in a prescribed form.
  • Cannot be served within four months of the day on which the tenancy began or, in the case of a replacement tenancy, within four months of the day on which the original tenancy began. (A replacement tenancy is defined in section 21(7), HA 1988.)
  • Will only be valid for six months from the date on which the notice is given (Section 21(4D) HA 1988).
  • Cannot be served where the landlord is prevented from retaliatory eviction under section 33, DA 2015.
  • Can only be served where the landlord has complied with the legal requirements relating to providing an EPC, a gas safety certificate and the prescribed information about the rights and responsibilities of the landlord and tenant under the AST.

Smoke and carbon monoxide alarms

From 1 October 2015 all landlords of private sector properties in England are required to comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (SI 2015/1693).

The following requirements must be complied with in relation to all tenancies including those granted before 1 October 2015:

  • A smoke alarm must be installed on each storey of the property that is used wholly or partly as living accommodation.
  • A carbon monoxide alarm must be installed in any room that is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance.

Landlords must test and ensure that all smoke alarms and carbon monoxide alarms are in proper working order at the start of any new tenancy granted on or after 1 October 2015.

Immigration Status

In October 2015, the government announced its intention to extend the obligations to check the immigration status of prospective lodgers under the IA 2014 to the whole of England from 1 February 2016.

For further advice please contact Solicitor, David Redgate.

Please read Reliance on information posted in our Terms of Website Use - see Legal section - before relying on this commentary.

Before relying on this commentary please read the Reliance on information posted section in our Terms of Website Use in our Legal section. Please note that specialist advice should be taken in relation to any specific queries and the information above is provided for general information purposes only.

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Jeremy Burke

Head of Department
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David Redgate

Commercial Property

Simon Stempien

Commercial Property

Sophie Robins

Commercial Property

Macauley Cubitt

Associate Solicitor
Residential Property

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