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New legislation affecting Section 8 and Section 13 Notice


New legislation affecting Section 8 and Section 13 Notice
Landlords must follow strict procedures when seeking to end an Assured Shorthold Tenancy.

There are two options:
Section 21 – Standard route to possession
Section 8 – In specific circumstances, usually rent arrears

New legislation came into force on Monday 6 April 2015 to change the wording of the Section 8 Notice that landlords in England must use.

The latest version of the Section 8 notice, using the correct wording, is now available to download from the NLA Forms section of the website. If you have any copies of the old form saved on your computer or printed off we recommend that you delete them.

To access the correct wording please login to the NLA website using your Membership Number and Security Code and visit www.landlords.org.uk/forms

The new wording must be used for any Section 8 Notices served in England on or after Monday 6 April 2015. If you have used the old wording, your case may be thrown out by a judge if you subsequently have to apply for a Possession Order.

Any notices served prior to Monday 6 April 2015 will still be valid, if the original wording was used and they were served correctly.

Changes to the Section 13 notice
A Section 13 Notice is used to notify a tenant of a rent increase, in relation to an Assured Shorthold Tenancy.

The wording of the Section 13 Notice has also changed with effect from Monday 6 April 2015. The new Section 13 notice is also available to download from the NLA Forms section.

If your tenancy does not include a rent review clause, we recommend that you serve a Section 13 Notice if you want to increase the rent.

Further guidance
Guidance on how to legally end an Assured Shorthold Tenancy is available on the Online Library.

The NLA also offers a one day course on Possession, designed to give you a detailed understanding of how to gain possession of your property.

If you are unsure or have any questions related to Section 8 or Section 13 Notices, please feel free to contact our Telephone Advice Line. NLA Full Members have FREE access to the advice line.

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