LEGAL UPDATE: Now Harder to Evict Tenants?

02-09-2015

Are you a Landlord using section 21 Notices to Quit to remove tenants from your property? Or maybe you are a Tenant who has been served with such a notice in the past? The De-Regulation Act 2015 made significant changes to the rules governing Assured Shorthold Tenancies, which Landlords and Tenants alike should be aware of.

The most important changes are as follows:

  • from 1 July 2015, a Landlord cannot serve a section 21 Notice to Quit if he is in breach of Health and Safety requirements, such as Gas Safety Certificates or Energy Performace requirements. Landlords will therefore need to make sure that they meet all of these regulatory requirements, otherwise the Tenant will be able to challenge a section 21 Notice;

 

  • from 1 October 2015 if a Landlord serves a section 21 Notice to Quit and the Tenant has made a written complaint regarding the condition of the premises, and either the Landlord has not replied within 14 days, or not replied adequately, then the Landlord may not rely upon the Notice to Quit. (This will not apply if the poor condition of the premises is the fault of the Tenant.);

 

  • The Local Authority can now serve a Housing Disrepair Notice upon a Landlord, which would prevent the Landlord from relying upon a section 21 Notice to Quit.

 

  • If the Assured Shorthold Tenancy has become a Statutory Periodic Tenancy, there is now no longer a need to give a two month notice at the end of the term of the tenancy, as all that is required is for two months notice to be given by the Landlord.

 

At Samuels, we specialise in dealing with Landlord and Tenant disputes, drafting leases and a whole range of property disputes. 

Contact us for a free discussion about how we can assist.

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