The Deregulation Act England

How does this act affect the serving of a section 21 notice?

The 1st October 2015 was the key deregulation change date. Ending prior tenancies has not changed and ending the post deregulated tenancy (whether new or renewals) has a number of added rules or changes given below. All tenancies will be subject to the Act from 1st October 2018.

The additions, or changes are:-

Change 1. The section 21 notice is a prescribed form entitled Form 6A for which you can also use for prior tenancies if you wish but you don't need to.

If you don't want to be subject to the new rules, don't renew prior tenancies, let it become periodic.

Change 2. One key feature is that the tenancy must be a minimum of six months and you cannot serve a section 21 notice until after four months. Taking this literally and we must, a notice so served cannot expire exactly on the last day of a six month tenancy, it would be a day or so after. A quirk in the rules yes, and we say, don't get caught out on that one. Because it appears as though the powers that be have set you up to do just that.

Change 3. You must now serve a copy of the gas safety certificate and EPC and the 'How to rent' prescribed form under the new rules. You cannot serve a section 21 notice if you have not and these can be served late but prior to the notice. These new requirements and the deposit requirements are now the hoops given as absolute necessities to jump through before you can end these tenancies. Not a problem for you, a letting agent with the right systems in place which gives a great reason for landlords to use you and not do it themselves.

Change 4. On post deregulation tenancies the section 21 notice will only be valid for six months from service. Notices served which come under prior rules do not have a shelf life.

Change 5. Retaliatory evictions and its consequences are introduced, but Shelters pet project for giving more power to the tenant doesn't seem to have impacted much.

Great practice 

To have the following as routine. Attach the EPC, the Gas safety certificate and the How To Rent prescribed information to the end of the tenancy agreement as an integral part of the agreement. Then, if asked, the answer is 'They were attached to the tenancy agreement'. Search the internet for 'How to rent' and the latest version should come up.

It isn't that all tenants will have to be evicted, in fact most will not, it is because it's best practice and if a great system is in place, if needed, all the hassle has gone.

Tenancy deposits

Not forgetting to attach the prescribed information for deposits to the contract or at least serve within 30 days.

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