Landlords beware - Deregulation Act 2015 in force from October

The Deregulation Act 2015 gave many a landlord a headache due to the increased requirements the Act imposes, particularly in relation to the service of Section 21 Notices.  The Act also imposes various regulations relating to energy performance and gas safety.

As from 1 October 2018 the Deregulation Act now applies to ALL tenancies regardless of whether or not they commenced before the Act came into force.

The Deregulation Act requires:

  • The Deposit Protection Certificate and Prescribed Information to be served on the tenant;
  • A ‘How to Rent’ guide to be served on the tenant(s);
  • A Gas Safety Certificate to be in place and copies of the relevant documents to be provided to the tenant(s);
  • Section 21 Notice’s to be in the prescribed form and the above requirements to have been carried out in order to make it possible for landlords to obtain possession under the Section 21 procedure.

Further, landlords are prevented from seeking possession under the Section 21 procedure after an Improvement Notice or an Emergency Remedial Action Notice has been served on them by the Local Authority.

It is therefore prudent to obtain advice at commencement of the tenancy and also before taking any steps to seek possession in order to avoid getting to Court and finding that you must restart the entire process or that you are unable to obtain possession using the Section 21 procedure.

Please do not hesitate to contact the team at Paul Robinson Solicitors LLP on 01702338338.