The government has confirmed that new Section 21 regulations under the Deregulation Act will come into effect on the intended date of October 1.
This is despite a ‘major drafting error’ in the legislation, which was queried by the Residential Landlords Association.
There were doubts that the October 1 deadline – the same day Smoke and Carbon Monoxide Alarm (England) Regulations 2015 are being introduced – would have to be pushed back but the government says amendments have now been made to the wording of the legislation, and a new Section 21 form has been circulated for last minute comments from the industry and consumer bodies.
This means that, as intended, from October 1 at the start of a new tenancy a landlord or agent acting on their behalf must provide tenants with a valid Energy Performance Certificate, an annual Gas Safety Certificate and a copy of the government’s How To Rent guide.
Failure to do this means the agent or landlord cannot serve a section 21 eviction notice.
The government’s guidance on the new rules can be viewed here.