The Deregulation Act 2015: Changes to Section 21 Notices

There are new restrictions on serving section 21 Notices early and a new template section 21 form that Landlords and Agents must now use (from 1st October 2015). The new rules also remove the need for a landlord to specify that a tenancy must end on the last day of a rental period; unless the tenancy started on a periodic basis without any initial fixed term period.

The changes affect all new assured shorthold tenancies in England that start on or after 1 October 2015 (which includes ‘renewal’ tenancies under a new fixed term agreement). All remaining assured shorthold tenancies in England will be swept under the new rules on 1 October 2018.

Landlords cannot validly serve a section 21 Notice in the first four months of a tenancy. However, where a tenancy has been renewed the landlord will be able to serve a section 21 Notice at any point during a renewed tenancy.

Section 21 Notices will only be valid for six months from the date of issue (as specified in section 2 of the new template section 21 form).  However, where a tenancy is created on a periodic basis (i.e. no initial fixed term), then landlords will still need to regain possession using section 21(4)(a).

Required information:

Landlords will not be able to serve a section 21 Notice on tenancies that begin on or after 1st October 2015 unless they have provided tenants with the following information:

  • a Gas safety certificate covering all fixed as well as portable gas appliances provided by the landlord for the tenants’ use.
  • The property’s Energy Performance certificates (EPc); except where a property is not required to have an EPc – such as where the landlord is letting a room on a single AST in a House in Multiple Occupation (HMO).
  • The Department for communities and Local Government “How to Rent – The checklist for renting in England” which can be downloaded here:
Posted on : Oct, 24 2015