By Judith Loeffler

Update

 

The Deregulation Act was passed by Parliament early March 2015 clarifying requirements to comply with tenancy deposit protection rules and preventing retaliatory evictions. The key points to note are on tenancy deposit protection:

  1. Deposits received before 6 April 2007 for a fixed term shorthold tenancy and tenancy went statutory periodic on or after this date must be protected within 90 days of the Deregulation Act 2015 being passed.
  2. Deposits received on or after 6 April 2007 for a fixed term shorthold tenancy and deposit protection requirements have been complied with (ie deposit protected & prescribed information given) will be treated as complied with when it goes statutory periodic with no need for new protection and serving of prescribed information.
  3. Deposits received on or after 6 April 2007 and deposit protection requirements have been complied with (ie deposit protected & prescribed information given). If a renewal tenancy or a replacement tenancy (contractual periodic tenancy) comes into place the prescribed information is treated as having being given; this requires landlord and tenants to be the same as in the original tenancy. Whether a new deposit protection is needed, depends on the respective scheme rules.

On preventing retaliatory evictions the Deregulation Act states that a Section 21 notice will be invalid if, before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the property which the landlord did not adequately respond to within 14 days and the local housing authority served a relevant notice in relation to the property as a result of the complaint.

And finally as of 6th April 2015 changes to Section 8 Possession Notice and Section 13 Rent Increase Notice have come into effect so as of this date the new  forms will need to be used.

Leave a Reply

Your email address will not be published. Required fields are marked *

Post Navigation