Deregulation Act 2015 - What you need to know for October 2018
Landlords will be aware of the provisions of the Deregulation Act 2015 which changed the operation of section 21 notices in Assured Shorthold Tenancies (ASTs). Currently, the provisions only apply to ASTs granted or renewed from 1 October 2015, when the Act came into force.
However, section 41(3) of the Act provides that from 1 October 2018, the provisions will apply to all ASTs. This includes tenancies granted prior to 1 October 2015. So what does this mean for Registered Providers with tenancies pre-dating the Act?
We will consider each of the changes brought in by the Act relevant to Registered Providers and whether they will apply to all ASTs from October.
New prescribed form
Prior to the Act, there was no prescribed form section 21 notice. The only requirement was that it was to be in writing. The Act introduced Form 6A which is required to be served on tenants whose tenancy started post 1 October 2015.
Breach of SPOs and asking permission for a warrant
On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 came into effect. These amendments include a one-line addition to Part 83 of the Civil Procedure Rules 1998 confirming that there is no longer any need to make an application for permission for a warrant for breach of a suspended possession order where the breach is failure to pay rent and/or arrears instalments. Form N325 can once again be completed in these cases. It is unclear what Form N325A (which constitutes both an application for permission and a request for a warrant in one) could still be used for and the CPRC sub-committee is keeping this under review.