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feature
opinion counts ...
Deregulation Act 2015: a misnomer for
landlords of Assured Shorthold Tenancies?
Cecily Crampin and Harriet Holmes believe that confusion over the deregulation bill is likely to benefit lawyers at the expense of landlords
T
he Deregulation Act 2015
received Royal Assent on 26
March 2015. For landlords
of Assured Shorthold Tenancies
(ASTs) there are two key changes: (1)
restriction of use of section 21 notices
to prevent “retaliatory evictions”, and
(2) another deadline for compliance
with tenancy deposit schemes. Far
from deregulating housing, hurdles to
the recovery of possession have been
increased. The aim may have been
tenant protection in a property market
where renting is the only option for
many, but the likelihood is that the
winner will be the lawyers, as the courts
work out what the new Act means.
At present, landlords of ASTs are able
to end a tenancy by serving a section
21 notice under the Housing Act 1988
and seeking a possession order from
the court. Until now, the defences to a
possession claim, which have delayed
possession orders and increased costs,
have been whether the notice is invalid
and whether the tenancy deposit
scheme requirements have been met.
These can often be dealt with at the
first hearing if the papers are in order.
However, as soon as there is a factual
issue, the court is likely to set down
directions to a full trial.
From June 2015, landlords will be at
risk from tenants who complain about
the condition of the property they
inhabit. In summary, a s.21 notice will
be invalid if served after the tenant
has made a written complaint to the
landlord regardi