DEREGULATION BILL Became Law 1st Oct 2015

Tenancy Eviction DEREGULATION BILL Became Law 1st Oct 2015

NEW SECTION 21 NOTICE RULES - GOVERNING SERVICE

There are new rules around the issuing of section 21 notices as well.

• They must not be issued until after the fourth month of commencement of tenure
• The notice must be no less than two months in length
• Eviction proceedings for an order for possession may not be begun after the end of the period of four months, beginning with the date specified in the notice

AMBIGUITY WITH REGARDS DEPOSIT PROTECTION COMPLIANCE HAS BEEN REMOVED

• Whether a deposit was taken before or after April 2007 such deposit must be held correctly in a deposit scheme - or nosection 21 can be relied upon until remedied- see prevention of service of Section 21 applies.

CLARITY FOR LETTING AGENTS

• This affirms that references contained in the Prescribed Information Order requirementsthat refer to 'The Landlord' also apply to the Letting Agent

ADDITIONAL PREVENTION OF USE OF SECTION 21 NOTICES

• Pre Disclosures pre service Section 21 this is secondary legislation that as is has not been finalised. Meaning when the government tell you we want you to do it, then landlords must do it - but at this moment nobody knows what this shall be. This sounds ridiculous but this legislation was rail roaded through - PIMS Article Inclusion of Section 21 restriction on use is abuse of intended purpose of deregulation bill such may relate to (a) the condition of dwelling-houses or their common parts, (b)the health and safety of occupiers of dwelling-houses, or (c) the energy performance of dwelling-houses. Section 38 Compliance with prescribed legal requirements, examples failure to provide EPC, Gas Safety, HMO Fire Safety Order may invalidate use of Service of Section 21 Notice. There is likely to be a requirement to furnish the tenant with further information as is the legislation is non committal as to what it shall be - see Part 39 Requirement for landlord to provide prescribed information

• Part 30 Tenancy deposits: provision of information by agents
• Part 31 Tenancy deposits: non-compliance with requirements
• Part 32 Tenancy deposits: deemed compliance with requirements

Preventing retaliatory eviction

• Part 33 Preventing retaliatory eviction
•  Exemptions Further exemptions to section 33

• Part 35 .Notice to be provided in relation to periodic assured shorthold tenancies.
• Part 36 2(4B) No section 21 notice may be given/issued until AFTER month 4 of commencement of tenure Section 36 2 (4B).
• Part 36 4D An application to court using such 21 notice MUST be made within 6 months of date of issue otherwise invalid relates to legislation Section 36 4D
• Part 37 Prescribed form of section 21 notices
• Part 38 Compliance with prescribed legal requirements, examples failure to provide EPC, Gas Safety, HMO Fire SafetyOrder may invalidate use of Service of Section 21 Notice.
• Part 39 Requirement for landlord to provide prescribed information
• Part 40 Repayment of rent where tenancy ends before end of a period.
• Part 41 Application of sections 33 to 40

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/401602/Policy_statement_on_amendment_to_Deregulation_Bill.pdf

Please check https://www.pims.co.uk/ for great update and information.