The Degratulation Act comes into force today, 1st October 2015, which will restrict landlords ability to serve Section 21's and evict tenants in England.
The new regulations are as follows -
- Landlords can be prevented from serving a Section 21 if the tenant has made a written complaint about the condition of the property or the common parts of a building which the property forms part and the Landlord either has not responded within 14 days, or provided an inadequate response or resonded by serving a Section 21.
The tenant can complain to the housing authority which can serve various enforcement notices on the Landlord. If this happens the Landlord can not serve a Section 21 within 6 months of the date of the enforcement notice.
- Landlords will not be able to serve a Section 21 within the first 4 months of a tenancy. So Landlords will not be able to serve a Section 21 at the start of a tenancy.
- There is a statatory right for a tenant to claim back any rent paid in advance where a Section 21 notice brings the tenancy to an end before the end of a payment period.
- All Section 21 notices have a lifespan of 6 months
- The end date of a new Section 21 has been removed, therefore the Section 21 does not need to expire on the last day of the tenancy. Two months notice is all that is required.
These changes apply to all new assured shorthold tenancies in England starting on or after 1st October 2015.