Doncaster, England -- (SBWIRE) -- 06/08/2015 -- The Deregulation Act 2015 received Royal Assent on 26th March 2015 and will have an impact on private renting for Landlords and Letting Agents alike.
The Act amended areas such as Tenancy Deposit Protection requirements and the Section 21Notice – the property owner's right to evict tenants at the end of their Assured Shorthold Tenancy (AST).
The Deregulation Act 2015 now involves additional requirements of compliance which people need to be aware of. This applies especially to landlords who will be required to comply with other legislation before a valid section 21 Notice is served.
This other legislation crucially involves two areas – the condition of the property and whether an Energy Performance Certificate (EPC) has been provided. These now can be influencing factors regarding a decision. Firstly, legislation involving he properties condition is in place to help to prevent against 'retaliatory evictions' whilst having an EPC Certificate in place requires the energy efficiency of the property to be considered.
Ultimately, these added clauses to Section 21 are stricter regulations for the condition of the property before being able to invoke a Section 21 notice; for example, if a tenant has delivered a written complaints about the property that have been ignored or inadequately dealt with by the proprietor.The proprietor must also have provided an Energy Performance Certificate (EPC) prior to the tenants signing an agreement - the potential tenants should be aware of the energy efficiency of the property as part of the decision process, not once they are already settled.
The Legal Team has commented on the changes: "It is equally important for both landlords and tenants to be aware of the laws and rights surrounding letting agreements before entering into a contract. Whilst the changes have provided an amount of protection for tenants against non-compliant landlords, they can also catch accommodating landlords out on formalities if they have housed the same tenants for a long period of time.
"The changes can trip up proprietors and cause problems with closing contracts and deposit returns amongst other things; this can be avoided with awareness of the correct laws and formalities. It is always advisable to seek guidance from a legal professional when the laws are updated to ensure you are well informed and to avoid unnecessary complications."
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The Legal Team, is a group of experienced legal professionals that specialise in employment law, personal injury and property law.
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