The Deregulation Act 2015, passed by Parliament in March 2015, introduced significant changes affecting landlords and letting agents. Among the various provisions, Section 33 brought about notable reforms to the use of Section 21 notices under the Housing Act 1988 (as amended). These changes are particularly aimed at preventing retaliatory evictions and enhancing tenant protections. This blog explores the key aspects of Section 33 and its implications for landlords.
Key Changes Introduced by Section 33
Section 33 specifically restricts when landlords can serve a valid Section 21 notice. Here’s a breakdown of the major changes:
Restrictions on Serving Section 21 Notices
- If a relevant notice is issued by the local housing authority, a landlord cannot serve a Section 21 notice within:
- Six months from the date the relevant notice is served, or
- Six months from the end of a suspension of the relevant notice.
- A relevant notice refers to:
- An improvement notice under Section 11 of the Housing Act 2004,
- A remedial action notice under Section 12, or
- A notice under Section 40(7) concerning emergency remedial action.
If the local authority fully revokes the relevant notice, the restrictions on the Section 21 notice are lifted.
Tenant Complaints and Invalid Section 21 Notices
A Section 21 notice is deemed invalid if, prior to its issuance, the tenant submitted a written complaint about the condition of the property, and the landlord failed to address the issue adequately. Specifically:
- The landlord did not respond within 14 days of receiving the complaint.
- The landlord’s response was inadequate, meaning it did not:
- Provide a clear plan of action to resolve the complaint, or
- Include a reasonable timeframe for carrying out the necessary actions.
Address for Service
Under Section 48 of the Landlord and Tenant Act 1987, landlords must provide tenants with an address for service. If tenants cannot contact the landlord despite making reasonable efforts, the same consequences for invalid notices apply.
If a landlord serves an invalid Section 21 notice and attempts to pursue possession in court, the court will strike out the possession claim based on the invalid notice.
Exemptions to Section 33
Certain situations exempt landlords from the restrictions imposed by Section 33. These exemptions include:
Tenant-Caused Property Damage
If the tenant’s actions are responsible for the condition of the property, any complaints made by the tenant regarding those conditions will not invalidate a Section 21 notice.
Social Housing Providers
Landlords who are private registered providers of social housing are exempt from Section 33 regulations.
Property on the Market for Sale
Section 33 does not apply if the let property is genuinely on the market for sale at the time the Section 21 notice is served. However, this exemption does not apply if the property is intended for sale to:
- A person associated with the landlord,
- A business partner of the landlord,
- A person associated with the landlord’s business partner, or
- A business partner of someone associated with the landlord.
Best Practices for Landlords
To comply with the Deregulation Act 2015 and avoid complications with Section 21 notices:
- Respond Promptly to Tenant Complaints: Provide a written response within 14 days, detailing your plan to address the issue along with a reasonable timeframe for action.
- Ensure Legal Compliance: Familiarise yourself with all relevant notices under the Housing Act 2004 and respond appropriately if contacted by the local housing authority.
- Provide an Address for Service: Make sure tenants have your up-to-date address for correspondence, as required under Section 48 of the Landlord and Tenant Act 1987.
- Document Communications: Keep records of all tenant complaints, your responses, and any maintenance or repairs carried out.
- Understand Exemptions: If you qualify for any of the exemptions under Section 33, ensure you have clear evidence to support your position.
Conclusion
The Deregulation Act 2015 and the changes introduced by Section 33 underscore the importance of fair practices in the private rental sector. By preventing retaliatory evictions and ensuring landlords address property conditions, the Act enhances tenant rights while maintaining landlord accountability.
Landlords should remain diligent, responsive, and informed about their legal obligations to avoid potential disputes and invalid notices. Staying updated with housing legislation not only safeguards landlords from legal pitfalls but also fosters positive tenant-landlord relationships, benefiting all parties involved.