Many landlords are unknowingly issuing out of date Section 21 notices, resulting in thousands of pounds being wasted on aborted possession claims and extensive delays in recovering property, according to Kirwans Solicitors.

The legal firm claims that the confusion has arisen as a consequence of legislation changes applying to residential Assured Shorthold Tenancy (AST) agreements which started on, or have been renewed since, October 1, 2015.

According to Danielle Hughes from Kirwans, old Section 21 notices, which can still be used in relation to AST agreements made up to September 30, 2015, require a minimum standard of proof from landlords that there is a written AST in place, that the deposit is protected and prescribed information relating to the deposit was served on tenants.

But the new Section 21 notices, which are currently intended for AST agreements made from October 1, 2015, onwards and will not apply to older AST’s until late 2018, impose several additional obligations on landlords which must be complied with before the eviction notice can be served.

Hughes now fears that landlords and agents are serving new Section 21 notices on old AST agreements, putting them at greater risk of having their case thrown out of court. She said: “Section 21 has until recent years been known as the non-fault notice, with the landlord required to provide only basic information for the older form to be valid, while tenants have limited grounds on which to dispute a possession claim. However, the new form sets out strict requirements with which the landlord must comply prior to serving the notice, including providing the tenant with an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the government’s ‘How to Rent: The Checklist for Renting in England’ booklet.”