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What Changes will the Deregulation Act 2015 Mean for the Letting of your Property?

  01 Apr 2015

You may or may not be aware of a new piece of legislation which is coming in to effect in stages throughout this year. The Deregulation Bill received Royal Assent which means that it is now set to be law. As with any new law, this is untested and has no judicial precedent but due to the severity of consequences of some of these changes, it will not take long for this to happen.

I am not going to cover some of the changes which are key for residential lettings. I have only read the new Deregulation Act 2015 myself for the first time today. I will give you regular updates as I understand this new law more but even after speaking with our solicitors yesterday, they are in the same boat as me. Feel free to read the changes yourself on the below link.

Section 21 Notices

From 1st July 2015 (which is an odd date in the legal system but it is what it is) you will only be able serve the new style section 21 notice. Until now a section 21 notice could be written on anything as long as it included the prescribed information. This will change as there will be a “standard” form which we must use for the section 21 notice to be valid. Unfortunately the new style section 21 notice is not available yet and I have not yet seen a version of it but it will include further prescribed information which will include information telling tenants all of the below changes too.

Serving Section 21 Notices

You will not be able to serve a section 21 notice until after the first 4 months of the tenancy has lapsed. I will come back to you to let you know how we can handle shorter lets.

Notice of Disrepair

Should a tenant, in writing, advise the landlord or the landlords letting agent, the landlord has 14 days to “respond”. At this stage until the property is back to full repair the landlord will not be able to serve a section 21 notice. It will be up to environmental health officers at the local authority for the property to ascertain if the repairs are valid. Should the environmental health officer award in the tenants favour, the landlord will be unable to serve a new section 21 notice until at least 6 months from the date of completion of the works suggested.

Serving Notices Before Tenants Notice of Disrepair

I spoke with 5 solicitors yesterday and discussed this. The only thing that we all agreed on was the fact that this is untested but as we understand it currently this will be valid and the section 21 will remain. Please do not take this as gospel as it is unproven and the law is not entirely clear. Our solicitor said to me yesterday “although the law would appear as if the section 21 would still be valid, I would not like to be the first person to take this to court as I am sure the court will award in the tenants favour and make this judicial precedent”. This is a wait and see moment.


For those of you who are aware of the infamous Superstrike Case which caused judicial precedent a year or so ago, I can now confirm that this is over. This means that tenancies which commenced prior to 1st April 2007 did not need to be served with prescribed information for deposits.

Dates for Your Diary

The first key change will be the new style Section 21 on 1st July 2015. Following this the rest of the legislation will be effective from 1st October 2015. I know this may seem a long way away but this will affect every new tenancy being agreed now as the issue concerns the end of the tenancy.


For further information on how the new changes will affect the letting of your property or for advice on any aspect of the residential lettings market, contact our team of qualified lettings professionals on 03330 433 633 or email us at



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