Back
We continue to provide our legal services through the COVID-19 pandemic. Please visit our COVID-19 Hub for legal insights, or contact us directly.
Get in Touch Menu

The Deregulation Act 2015 – changes for residential landlords

03 August 2015

The Deregulation Act 2015 was passed earlier this year and covers various issues which will be of interest to landlords, tenants and those appointed to deal with residential properties. One of those relates to section 21 notices, which are the two month notices used by landlords to terminate an assured shorthold tenancy after the fixed term has expired.

From 1 July this year, there is a new prescribed form of notice which needs to be used when giving notice to tenants.

Section 21 timing

For new tenancies commencing after 1 October 2015 it will not be permissible to serve a section 21 notice during the first four months of the tenancy period. In addition, where a section 21 notice has been served, it will not be possible to apply to the court to enforce it more than 6 months after the date it was first given to the tenant.

Retaliatory eviction

For new tenancies commencing after 1 October 2015, section 21 notices will not be validly served if:

• the tenant has made a written complaint to the landlord about the condition of the property prior to it being served; and

• the landlord has not provided an adequate written response within 14 days; and

• the tenant has then complained to the relevant local authority who have decided to serve an improvement notice for the property or have carried out emergency remedial action themselves using powers under the housing health and safety rating system.

Whilst the Deregulation Act has clarified procedure in a number of areas where anomalies existed, we still advise landlords to tread carefully and take advice.

We're here to help

Contact
Nigel Whittaker BA (Hons)
Partner
View profile
Related services
Share this article
Resources to help

Related articles

Land access for digital infrastructure is subject of new consultation

Commercial property

The government has opened a consultation to help them understand whether changes to the Electronic Communications Code are required. A government consultation is underway to review the legal framework for…

Alasdair Garbutt LLB (Hons)
Partner

COVID-19: a commercial property update for landlords & tenants

Commercial property

As you will be aware from some of our previous updates, a number of measures have been put in place to give businesses the breathing space and tools they need…

Emma Thompson LLB (Hons)
Solicitor

Legal perspectives on the Budget 2021

Corporate

In the Chancellor’s first Budget speech last year, made as COVID-19 started to take hold in the UK, Rishi Sunak promised to do “whatever it takes to support the economy”.…

Willans
Solicitors
Contact us