Amendments to Section 21 of the Housing Act 1988

The Deregulation Act 2015 brings a degree of clarity to some sections in the Housing Act 1988 as amended in the Housing Act 2004. In particular, the following Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015. One such section is Section 21 of the Housing Act 1988 – Recovery of Possession on Expiry or Termination of Assured Shorthold Tenancy.

What is a Section 21 notice?

A Section 21 notice is the notice a landlord can serve to a tenant or tenants in order to repossess his property. A Section 21 notice cannot be issued more than 2 months prior to the end of the fixed term date of the agreed tenancy.

The only way a tenant can successfully challenge and stop a Section 21 notice possession claim is if there has been a technical error in the application forms or a tenant has not been provided with all the correct prescribed information and protected the tenant’s deposit correctly.

When can a landlord serve a Section 21 notice?

A landlord can issue a Section 21 notice seeking possession of a dwelling if the tenants have a written assured shorthold tenancy or statutory periodic tenancy agreement and their deposit has been protected in a government approved scheme (as outlined in the Deregulation Act 2015). The tenant must also have been given all the prescribed information before the Section 21 is served.

Tenants cannot be evicted until their fixed term tenancy ends. If a Section 21 notice is served prior to the end of the fixed term, the notice must expire on the last day of the rental period of the fixed term.

What has changed?

For all tenancies starting on or after 1^st October 2015, a landlord must use a new prescribed form to serve a Section 21 notice, available from the government website.

A Section 21 notice cannot be served if a tenant’s deposit has not been protected and the tenant has received all the prescribed information (even if their tenancy became periodic prior to the Housing [Tenancy Deposits] Prescribed Information Order coming into force on 6^th April 2007).

If a tenancy started prior to 1^st October 2015, the government are recommending use of the new prescribed Section 21 form. However, the previous Section 21 form is still valid for those tenancies that started before 1^st October 2015.

Below are links to the relevant legislation on the government website.

Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015

http://www.legislation.gov.uk/uksi/2015/1725/schedule/made

Deregulation Act 2015

 http://www.legislation.gov.uk/ukpga/2015/20/introduction/enacted

Housing (Tenancy Deposits) Prescribed Information Order 2007

http://www.legislation.gov.uk/uksi/2007/797/introduction/made

Housing Act 2004

http://www.legislation.gov.uk/ukpga/2004/34/introduction

Housing Act 1988

http://www.legislation.gov.uk/ukpga/1988/50/contents

Smoke and Carbon Monoxide Alarm Regulations 2015

The new Smoke and Carbon Monoxide Alarm Regulations 2015 are coming into force on the 1^st October 2015.

What are the new regulations?

From 1^st October 2015, private sector landlords must have at least one smoke alarm installed on every story of their rented properties.

There must also be a carbon monoxide alarm in any room containing a solid fuel burning appliance (this can include coal fires or wood burning stoves for example). Carbon monoxide alarms should be installed at head height, either on a wall or shelf, approximately one to three meters away from a potential source of carbon monoxide.

Landlords must also check that all alarms are in good working order at the start of each tenancy. After the initial test done by the landlord on the first day of the tenancy, it is the tenant’s responsibility to check their alarms on a regular basis.

When does this legislation apply?

This legislation applies from 1^st October 2015 in any dwelling that is privately rented.

Section 150(3)(a) enables the Secretary of State to provide enforcement of any duty imposed by these regulations. Local authorities can enforce these regulations and can impose repercussions for non-compliant landlords.

Parts 1 to 5 apply under the Energy Act 2011 and do not apply to a House of Multiple Occupation or a house in which a license is required, as regulations for those properties are laid out in the licensing. It also amends the conditions which must be included in a license under Part 2 or 3 of the Housing Act 2004 in respect of smoke and carbon monoxide alarms.

What are the repercussions of non-compliance?

Local authorities will be enforcing this new legislation. After serving a remedial notice to non-compliant landlords who still do not comply, they will be able to impose a fine of up to £5,000.

Below are links to the relevant legislation on the government website.

Smoke and Carbon Monoxide Regulations 2015

http://www.legislation.gov.uk/ukdsi/2015/9780111133439/introduction

Housing Act 2004

http://www.legislation.gov.uk/ukpga/2004/34/introduction