Everything you need to know about the changes to the Deregulation Act 2015
As of October 1st 2018, new provisions will come into force with will substantially limit the freedom of landlords of many residential properties who intend on using the fast-track section 21 procedure as a means of terminating the tenancy.
Notices served under Section 21 Housing Act 1988 allow landlords to terminate shorthold tenancies by means of a non-fault, accelerated possession claim procedure. For many years, landlords have had to comply with various statutory obligations in order to have the right to use the fast track section 21 procedure. As of October 1st 2018, landlords of existing ASTs will be faced with additional restrictions, should they wish to invoke the provisions of Section 21.
Here are the most notable changes: Retaliatory eviction – Landlords will be prevented from serving Section 21 notices if they have failed to carry out repairs identified by the Tenant as being necessary;
Time Limits – Landlords will only have six months from the date on which the Notice was given to act on it;
Prescribed Information must be provided – Landlords will be required to provide tenants with Energy Performance Certificates (EPC) and Gas Safety Certificates (where appropriate) free of charge;
Prescribed Form of S21 Notice – Landlords will be required to use prescribed Form 6A when serving Section 21 Notices for all ASTs.
As such, prior to 1 October 2018 (or as soon as possible thereafter), its advised for all landlords to: Ensure that all existing tenants have been provided with copies of EPC Certificates and Gas Safety Certificates;
Diarise the six months from the giving of any Section 21 Notice to ensure they are within time to issue proceedings.
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