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Pinch Punch First of the Month

Posted on October 1st 2018 by

Landlords; it’s 1st October 2018.

The Deregulation Act 2015 (“the Act”) now applies to all assured shorthold tenancies (“AST”), whether or not created on or before 1 October 2015 (when the provisions of the Act first came into force).  This means that a Section 21 Notice cannot be served unless the How to Rent Checklist, EPC and Gas Safety Certificate (if applicable) have been supplied to the tenant.

The Act

This note considers the impact of the Act on ASTs that commenced prior to 1 October 2015 and are still in existence, but the requirements of the Act have not been complied with.

The Requirements

Under the Act, before a landlord can serve a Section 21 Notice, the following must have been provided to the tenant:

  1. How to rent: The checklist for renting in England
  2. Energy Performance Certificate
  3. Gas Safety Certificate (if applicable)

When the provisions of the Act first came into force on 1st October 2015, the above requirements applied to ASTs commencing on or after that date.

1st October 2018

The Act has retrospective effect. Even though the requirements of the Act were not in existence before 1 October 2015, they will now affect the service of a Section 21 Notice and gaining possession.

This means that the above requirements now apply to all ASTs, whenever the AST was granted.

A landlord will be prevented from serving a Section 21 Notice, unless it has first complied with the above requirements.

Whether the requirements can be complied with late, after the AST has already been granted, remains unclear. The best stance to take would be to comply with the requirements without delay.

From 1st October 2018, the prescribed form Section 21 Notice on Form 6A must be used for all ASTs, whenever the AST was granted. Service of the prescribed form Section 21 Notice confirms that the above requirements have been complied with. The court claim form for possession also requires compliance with the above requirements.

Please note; service of a Section 8 Notice, is not affected by the Act.

If you have any queries about the Act or gaining possession of your residential property, please contact our property litigation team on 01803 202020 and we will be happy to help.

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