Mosina is a supervisor at Ashfield Citizens Advice, and wrote the following about the Deregulation Act that came into force in October 2015.
The provisions in the Deregulation Act are designed to protect tenants against unfair eviction. These extra rules apply only if your tenancy starts, or you sign a new contract to renew your assured shorthold tenancy, on or after 1st October 2015. These provisions do not apply where a statutory periodic tenancy arises on or after 1st October 2015.
What is retaliatory eviction?
Retaliatory eviction is where a tenant makes a legitimate complaint to their landlord about the condition of their property and, in response, instead of making the repair their landlord serves them with an eviction notice. Retaliatory eviction is an unacceptable practice and no tenant should fear becoming homeless because they have asked for a necessary repair.
Changes where the section 21 notice would not be valid if:
- The notice was served after the tenant complained in writing to their landlord about repairs
- The landlord didn’t deal with the issues
- The tenant reported them to the council
- Notice was given to the tenant within 6 months of the council given you an improvement notice or a notice that the council would do emergency works
- Tenant not given a EPC certificate
- No copy of Government guide “How to Rent” issued to tenant (unless client requested this via e mail)
- The new prescribed s21 form was not used:
“The landlord must use a prescribed form for section 21 notices. They may also use this form for existing tenancies. This form (No. 6A) is available on The National Archives website or follow the link on Advisernet article 22.214.171.124 (para 111)
Section 21 notice would also not be valid if:
- Tenant has not been given a gas safety certificate
- Landlords didn’t install smoke alarms on every floor of the property, and test them at the start of every tenancy. They would also need to install carbon monoxide detectors
- The landlord had not protected a client’s tenancy deposit in a Government approved scheme (protected 30 days after they gave the deposit and /or the tenant was not provided with information on what scheme was used)
Renting a Safe Home: A guide for tenants
The full text of the Deregulation Act 2015 is available on the internet at the following link
Tenancy Deposit Protection
Shelter’s helpline on 0808 800 4444