The Deregulation Act 2015, passed on 26 March 2015, means that landlords will need to consider the following changes when serving section 21 notices:

  • Tenancy Deposit Schemes – in circumstances where the contractual term of a tenancy ended prior to 6 April 2007 (ie where a periodic tenancy arose prior to 6 April 2007) and the deposit is not protected, it must be protected by 23 June 2015 in order to serve a valid section 21 notice at any point in the future.

  • Disrepair – it is not possible to serve a valid section 21 notice if the tenant has already made an application relating to housing disrepair.

  • Timings – many landlords currently serve a post-dated section 21 notice at the commencement of the tenancy but the new rules prohibit section 21 notices being served within the first four months of the tenancy.

  • Form – there is no longer a requirement for the date specified in the section 21 notice to be the last day of a periodic tenancy and, accordingly, landlords will simply only have to give two months’ written notice.

  • Limitation – section 21 notices will only be valid for six months from the date they are served. This is likely to come into force in October 2015.