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Deregulating possession

Practitioners need to bone up on reforms to section 21 notices following the introduction of the Deregulation Act 2015, explains District Judge Stephanie Cope

29 November 2016

Landlords, letting agents, tenants, and those advising on assured shorthold tenancies (ASTs) should by now be familiar with the amendments introduced by the Deregulation Act 2015 (DA). Yet despite the legislation affecting ASTs granted on or after 1 October 2015 a lack of knowledge still seems apparent.

Many landlords are used to relying on section 21 of the Housing Act 1988 to secure possession of a property granted under an AST. Properly followed the procedure is ‘a robust machinery’ (Holman J in Mantel v Memon [2000] 33 EG 74) entitling a landlord to an order without having to establish fault or attend a court hearing.

Summary of amendments

Helpfully, for landlords, periodic ASTs no longer require the section 21 notice to expire on the last day of a period of the tenancy; but landlords must still give not less than two months...

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