Deregulation Bill The Housing Deregulation Act (2105) Are You Compliant?

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  • Deregulation Bill The Housing Deregulation Act (2105) Are You Compliant?

The Deregulation Act came into force some time ago but on the 1st of October 2018 substantial changes were made to the section 21 Notice.


This is the notice that you serve on tenants if you wish to end their tenancy at the end of a contract. All landlords and agents now need to stop using their own notices. They must use the one prescribed form as outlined by the Government. All tenancies regardless of their start date to need to follow the guidelines. They affect when and how a landlord can now serve a section 21 notice to terminate a tenancy agreement.


Did you know? If you have a tenant on a month to month basis you now have to re-serve all the documents issued at the beginning of the tenancy. This would include the gas safety, EPC and how to rent guide. They also require acknowledgement by the tenant. You have to provide them with the details of the scheme holding the deposit and (if there is a licence) a copy of the licence itself.


We often find landlords don’t appreciate they need to serve various legal documents on the tenant. The Deposit documentation not only includes the deposit registration but also the terms and conditions of the scheme. These documents are much longer than the ones landlords often serve on their tenants. Without these terms and conditions they invalidate the notice. The below link lists the information landlords must give tenants –

https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants


Non-compliance and failure of the tenant to acknowledge the documents will have consequences. You would not be able to serve a Section 21 Notice and evict them from the property. This is critical when it comes to the gas safety certificate. It must be served within 30 days of being carried out.


SUMMARY

We often find having taken over documentation from other agents that they have not served the paperwork correctly. Please click here for a useful guide on all the documentation that must be served on a tenant before the move in. It is so important for landlords that the paperwork is correct. We recently won a court case where the barrister reiterated the new rules. Gas safety certificates are a prime example. Landlords carry out a new one but don’t issue it to the tenant, forgetting that they only have 30 days to serve it. They also have to have it acknowledged by the tenant which a lot of landlords don’t do. If they do not serve the gas safety within 30 days then the landlord would have to wait another year before they can serve a notice. This is so critical from now on.


Why don’t you contact our Administration Department on (01273) 749169 to discuss it.

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