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Hot topic - The Deregulation Act 2015

Hot topic - The Deregulation Act 2015

Wednesday 7th October 2015

From 1st October 2015 new rules have been put in place to encourage landlords to keep their property in a good, safe condition and protect tenants from being evicted following a legitimate maintenance complaint.

The introduction of The Deregulation Act 2015 - Preventing Retaliatory Evictions stops landlords from serving a Section 21 Notice simply because the tenants have made a genuine complaint about the condition of the property. However it only applies to assured shorthold and fixed-term tenancies created after 1st October. From October 2018 it will apply to all tenancies regardless of when they started.

All complaints must be received in writing unless the tenant does not know the postal or email address of the landlord or agent. An adequate response must be sent by the landlord or agent within 14 days of receipt detailing what action they propose to take in order to address the complaint and a suitable time-frame.

With such potentially damaging implications to landlords and their properties, the new rules have provided some protection and included circumstances where the tenant is not supported*:-

  • If the tenant failed to use the property in a tenant-like manner.
  • The poor condition of the property is due to breach of the tenant's responsibilities in the tenancy agreement.
  • When the Section 21 Notice is served the property is genuinely on the market for sale.
  • The landlord is a private registered provide of social housing.
  • The property was mortgaged before the tenancy was granted and the mortgage lender wishes to exercise their power of sale and requires the property to be vacant.

*there are some conditions to these exceptions and further information is provided in the linked fact sheet below.

As a landlord it is your responsibility to make sure your property is maintained to a decent standard, so if you're a private landlord you may want to check out this fact sheet put together by ARLA (Association for Residential Lettings) which summarises the new act in an easy to digest format. Alternatively if you have instructed a managing agent, make sure they are up to speed with the latest regulations and are protecting your investment.