For private residential landlords the ironically named Deregulation Act 2015 is about to make life -n particular the Section 21 Notice procedure - a little bit more complicated.
As any landlord will tell you, Section 21 of the Housing Act 1988 (as amended) allows you to terminate an assured shorthold tenancy (ST after the fixed term has expired on giving 2 months notice. No element of tenant default is required. If the relevant criteria apply, the landlord can use an accelerated possession procedure which does not involve a court hearing. Providing you haveollowed the correct procedure, the Judge has little discretion not to grant possession.
The Deregulation Act 2015, parts of which comes into force on 1st July with the remainder due to come in on 1st October 2015, upset the status quo as follows:
- Retaliatory eviction - A landlord will not be able to rely on a Section 21 Notice if: (a) the tenant has made a written complaint to the landlord regarding the condition of the premises or common parts before a Notice is given; and (b) the landlord has not responded,r its response is inadequate.he tenant can pursue this by contacting the local housing authority, which can serve an enforcement notice on the landlord. This will invalidate the Notice.
- Restriction on immediate service - To ensure a tenant is actually given 2 months notice there will be limits on a landlord serving a Notice at the beginning of the AST.
- Statutory Obligations - A Notice will be invalid where a landlord has failed to comply with certain statutory obligations relating to the condition of the premises and common parts, energy performance and health and safety.
These are just a few examples and it will be interesting to see if problem tenants will seek to abuse the system. Expert advice for landlords throughout the process remains as important as ever.
We offer a fixed fee residential possession service. For a free, no obligation consultation, contact our Housing team on 0113 201 4900.Back to Blog