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Residential Lettings – are you up to date?


On 1 October 2015 the Deregulation Act 2015 came into force and changed the rules and procedures relating to the eviction of tenants.  The implementation of the Act made a number of signifcant changes to the service and validity of Section 21 notices.  At present the Act only applies to Assured Shorthold Tenancy Agreement created after 1 October 2015 and therefore with the Act being in force for just over a year we are likely to see the full effect in the not too distant future.  It is however, important to familiarise yourself with the changes since the Act will apply to all Assured Shorthold Tenancies irrespective of when they were created from 1 October 2018. 

The key changes can be summarised as follows-

·         A new prescribed form.

·         If a tenant raises a complaint about the condition of the property a landlord should be given enough time to respond to it and carry out the necessary repairs.  However, the timing of this compaint could be crucial to the validity of a Section 21 Notice.  For exmaple, if the landlord serves a Section notice 21 notice and the tenant subsequently raises a compliant which is later referred to the local housing association and the local housing association subsequently serve the landlord with a notice to rectify the issues raised then the  Section 21 Notice will be invalid. 

·         The Landlord no longer needs to specfiy the last day in which the tenancy comes to an end.  There has been a lot of litigation around the timing of the service of notices and whether the same constitutes a valid notice.  The Act has provided clarity in this regard.

·         A section 21 Notice cannot be served within the first 4 months of the tenancy and possession proceedgins must now be served within 6 months form the date in which the notice is served.

·         A section 21 Notice cannot be served until the Landlord has complied with his / her obligations such as for there to be a valid gas safety and energy performance certificate.

 

For more information please contact Claire Bentick at Claire.Bentick@smesolicitors.co.uk

 

Added: 02 Nov 2016 12:56


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