A change in regulations will have an impact on landlords who want to evict a tenant.
As of 1st October 2018 the Deregulation Act 2015 will apply to all Assured Shorthold Tenancies whenever they were created. Previously the Act only applied to tenancies created after 1st October 2015.
This means that landlords will have to meet new requirement if they want to evict a tenant:
- It will not be possible to serve a Section 21 Notice on a tenant, unless they have been given the prescribed information: Energy Performance Certificate; Gas Safety Certificate; Copy of the ‘How to Rent’ booklet
- Section 21 Notices, for S21(1) and S21(4) must be on Form 6A
- A Section 21 Notice will only be valid if the deposit has been held in a recognised scheme and the information provided to the tenant (under the Housing Act 2004).
- Proceedings for possession must be issued within 6 months from the Section 21 Notice.
- A Section 21 Notice may no longer be given within 4 months from when the tenancy began.
- Where an Improvement Notice of a Notice of Emergency Remedial Action under the Housing Act 2004 is served, a Section 21 Notice may not be given within 6 months.
- Where a tenant makes a complaint about the condition of the property before a Section 21 Notice is given, the Section 21 Notice may be invalid
If you are a landlord and need advice on this issue, we will be happy to help. Please contact us on 0114 220 1795 or email disresenquiry@pm-law.co.uk.
