Deregulation Act October 1 2015

Under the Deregulation Act 1st October 2015 landlords will be unable to end a tenancy with a Section 21 if they do not address a repairs complaint.   Many landlords are unaware of this fact.

This will affect any ASTs (Assured Shorthold tenancies) starting on or after 1st October 2015.  All remaining ASTs in England will be included on the 1st of October 2018.

So whats changing?

A Section 21 can not be validly served in the first four months of tenancy.

For a Section 21 to be validly served a landlord must have given them the following documents:

- A valid EPC

- A CP12

- A copy of the governments "How to rent guide"

Expiry: If proceedings are not issued within 6 months of the service of a Section 21 Notice, then the notice will be invalid.

Download the new Section 21 notice. 

The Section 21 notice will also be invalid if:

 - the landlord is carrying out a “retaliatory eviction

- the landlord has failed to properly protect any deposit provided by the tenant

- the property is requires a license but is unlicensed

- Repairs: Failure to follow the prescribed and time-limited repairs process set out can both invalidate a Section 21 Notice and prevent one from being served for a further six months.


According to the NLA (National Landlords Association) 9 in 10 tenants are unaware of the new law to protect them for revenge evictions.


In a recent article on Just Do Property, Paul Shamplina from Landlord Action said the Government should have allocated some budget to educating landlords about the changes that have been put in place so quickly.

Paul commented:

“There have been a lot of significant changes in a short amount of time and I would like to have seen the Government proportion a greater budget to educating landlords, particularly those that don’t use agents to manage their properties, to ensure they are up to speed with new legislation

Read the full article here.




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