The dreaded Deregulation Act 2015
Posted on 26 July 2018 by Ella Carroll
By now most landlords are au fait with the Deregulation Act 2015 (“the Act”) which came into force on 1 October 2015. The Act prevents landlords serving a section 21 Notice for eviction if certain documents haven’t been served on the tenant. The Act at present only applies to Assured Shorthold Tenancy agreements (“ASTs”) entered into after 1 October 2015.
However, section 41(3) of the Act provides that the restrictions on serving section 21 Notices will apply to all ASTs from 1 October 2018 ie. including those that were entered into before 1 October 2015.
Accordingly landlords of pre-1 October 2015 ASTs will need to jump through some additional hoops in order to serve a valid section 21 Notice, such as ensuring the Notice is in the prescribed format as well as serving the tenant with an EPC and Gas Safety Certificate.
In order to prevent any issues down the road, such as being unable to use the section 21 Notice route at all, it is advisable that landlords get things in order and their portfolios up to date before October 2018.
If you need any further advice in relation to the Act, contact our Landlord & Tenant expert Ella Carroll on 01935 385984.