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Deregulation Act 2015, ss. 33 to 41 in force on 1 October 2015

On 1st October 2015, the remaining provisions of the Deregulation Act 2015 relating to assured shorthold tenancies came into force. The provisions are detailed and complicated and set out in ss. 33 to 41 of the Act.

They complement provisions relating to tenancy deposits in ss. 30 to 32 that came into force on 26 March 2015.

Section 41 deals solely with the application of ss. 33 to 40. Given that housing matters are now devolved to Wales, the provisions of ss. 33 to 40 apply only to properties in England.

For the time being, the provisions set out in ss. 33 to 40 apply only to assured shorthold tenancies granted on or after 1 October 2015 (s. 41(1)). However, they do not apply to statutory periodic tenancies that came into being under s. 5(2) of the Housing Act 1988 after that date on the coming to an end of an assured shorthold tenancy that was granted before that date (s. 41(2)).

From 1 October 2018, ss. 33 to 40 will apply to any assured shorthold tenancy of a dwelling-house in England that is in existence at that time (s. 41(3)).

Sections 33 to 40 deal with notices seeking possession and claims for possession under s. 21 of the Housing Act 1988. They impose further bars to and preconditions for the service of s. 21 notices and the issue of claims for possession. It is crucial that landlords and letting agents acquaint themselves with the legislative changes. Otherwise they may inadvertently serve invalid notices thus delaying the landlord’s recovery of the property.

For an analysis of how the Deregulation Act 2015 amendments affect a landlord’s right to claim possession under s. 21 of the Housing Act 1988, please see the following article on the Lamb Chambers’ website:

 

https://www.lambchambers.co.uk/news-learning/articles/how-landlord-may-recover-possession-under-section-21-housing-act-1988-after-1

Winston Jacob / 1st Oct 2015


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