Tenancy Eviction DEREGULATION BILL
The Deregulation Bill was granted Royal Assent on the 26th of March 2015 - Some components were immediate however all now apply. To add further compliance from June 2019 legislation deems that a newer version of the
Section 21 6a form be used for all tenancies in England. This re enforces compliance with these laws and also the new
Tenant Fees ban
This bill will result in significant changes in the way landlords are permitted to evict tenants. Namely should the Landlord fail to comply with deposit laws, mishandle the serving of a Section 21 notice or there be allegations of disrepair then the right to evict will be removed. This legislation, having been rushed through, is ill conceived, poorly drafted and wide open to abuse. New prescribed section 21 Notice form for England applies hereafter
Preventing retaliatory eviction |
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Be under no illusions - A tenant who refuses to pay rent can claim the property is in disrepair and simply blockwhat was previously the
landlords mandatory right to regain possession of their property. Under the new legislation a claim for disrepair would block a section 21 eviction and a
Section 8 Notice for rent arrears would be fraught with
counter claims, this is likely to
delay eviction by months.
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
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The notice must be no less than two months in length
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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
Clarity for Letting Agents
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
Summary of Legislation The Deregulation Bill comprises of 116 parts, The Housing and development Section consists of parts relating to Tenancy Matters - including
Deposits
Preventing retaliatory eviction
Section 21 restrictions
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Part 36 2(4B) No section 21 notice may be given/issued until AFTER month 4 of commencement of tenure Section 36 2 (4B).
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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
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The government policy statement and intended use of legislation does not seem to be affirmed by the law. Sadly only legal appeals will determine over time how these laws are applied.
The government policy statement may be viewed here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/401602/Policy_statement_on_amendment_to_Deregulation_Bill.pdf