Deregulation Act Makes Serving a Section 21 Notice Easier

Deregulation Act Makes Serving a Section 21 Notice Easier

Recent changes to the Deregulation Act 2015 have made it easier for landlords to serve Section 21 Notices on tenants.

The act, which came into force on 27 March 2015, enables landlords to issue a Section 21 Notice immediately as long as they allow the tenant two clear months notice.

Landlords no longer have to serve the notice within the required periods, which can sometimes mean that they can be waiting for up to three months before they can issue possession proceedings.

These changes will apply to any assured short-hold tenancies (AST) that take effect on or after 1 October 2015.

What Is A Section 21 Notice?

A Section 21 Notice is an eviction notice used by landlords to evict tenants at the end of the fixed term.

What Has The Deregulation Act Changed?

A landlord will be able to issue a Section 21 Notice if;

  • The tenant is in breach of the duty to use the premises in a tenant-like manner,

  • The property is ‘genuinely’ on the market for sale,

  • The landlord is a privately registered provider of social housing, or

  • The property was charged before the grant of the tenancy and the mortgagee wishes to exercise its power of sale and requires vacant possession.

Landlords will also be obliged to provide information about the rights and responsibilities of both themselves and the tenant under the AST.

Our Solicitor’s View

Rachel Greenway, Head of Debt Recovery at Else Solicitors, said: “The Deregulation Act’s upgrade of Section 21 Notices is good news for landlords that want to remove a current tenant from their property as soon as possible.

“However, the law leans in favour of the tenant and even a minor technical mistake with procedure or paperwork can lead to the claim being struck out. When this happens the process has to begin again, which can delay the matter by months. We can help landlords to achieve a swift result.”

If you would like to discuss a Section 21 Notice with one of our specialist solicitors please call on 01283 526200 or email info@elselaw.co.uk.

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