Deregulation Act 2015: Tenancy Form Changes

All landlords should be aware that there have been a number of changes to tenancy law resulting from the Deregulation Act 2015. Two changes in particular are due to come into effect that will directly affect your use of tenancy contracts and the Section 21 Notice.

These are:

1. All tenants in England must receive a copy of the government’s ‘How to Rent’ guide

The guide must be provided to tenants for all tenancies in England beginning on or after 1st October 2015. The ‘How to Rent’ guide can be provided to the tenant by email, where the tenant has notified the landlord of an email address for service. Otherwise, it must be printed off and provided to the tenant.

There is no requirement for the landlord to re-serve the ‘How to Rent’ every time it is updated.

This is available to download here.

2. New Statutory Section 21 Notice for England

The government has issued a new statutory section 21 notice for England only which must be used when terminating tenancies which begin on or after 1st October 2015, or which are renewed after that date. This will replace the current section 21 notice, and can be used for tenancies which began before 1st October 2015. It will not apply to statutory periodic tenancies which follow on from tenancies started before 1st October 2015.

Additionally, for a section 21 notice to be validly served the tenant must have at some prior stage received:

  • a valid Energy Performance Certificate and
  • a copy of the landlord’s current Gas Safety Certificate.

The final version of the new section 21 notice is available free of charge here.

Paper copies will be available by calling us on 020 7394 4040.

The new section 21 notice does not apply in Wales, where the pre-existing notice must still be used.

Published on: September 25, 2015

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