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New legislation due to come into force from the 1st of October 2015 for Landlords

At the moment landlords who want to take possession of their property from a tenant at the end of the tenancy, need to serve the tenant with a Section 21 Notice. This Notice must be served two months before the landlord wishes to regain possession of the property. So long as the Notice is served properly , and the landlord has complied with deposit protection legislation, the tenant does not have a defence to any subsequent possession proceedings.

Under the new legislation, a Section 21 Notice given by a landlord will be invalid in if:

  • Before the Section 21 Notice was given, the tenant made a complaint in writing to the landlord about the condition of the property* and;
  • The landlord did not provide a response to the complaint within 14 days or did not give an inadequate response or served a Section 21 Notice following the complaint and;
  • The tenant has then made a complaint to the relevant local housing authority about the same complaint as raised with the landlord and;
  • The relevant local housing authority then served a notice on the landlord in response to the complaint raised by the tenant

This legislation is intended to prevent the tenant from being unable to complain about the condition of the property as if they do then the landlord will evict them. Hopefully the new legislation will encourage landlords to keep their property in a good state of repair as if they do not do so then they may be unable to use a Section 21 Notice under the new rules.

*A Section 21 Notice would still remain valid if the problem with the property has been caused as a result of the tenant’s breach of the tenancy agreement.

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