The Deregulation Act 2015 may sound dull, but it’s one of the most important laws landlords need to understand. It introduced new rules that directly affect whether a landlord can serve a valid Section 21 notice.
Why it matters
The Act was designed to close loopholes and strengthen tenant protections. It linked compliance with deposit, safety, and paperwork rules to the ability to regain possession using Section 21.
In practice, if you don’t comply with these requirements, the court will dismiss your claim — no matter how strong your case otherwise.
Key provisions for landlords
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Retaliatory eviction ban: Landlords cannot serve Section 21 if a tenant has complained about disrepair and the council issues a notice.
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Deposit protection fix: Clarified “Superstrike” issues, confirming that once a deposit is protected correctly, it does not need re-protection at renewal.
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Paperwork prerequisites: To serve a valid Section 21, landlords must have provided:
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EPC.
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Gas Safety Certificate.
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Electrical Installation Condition Report (EICR, under later rules).
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Current “How to Rent” guide.
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Form requirements: Section 21 notices must be on Form 6A.
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Timing rules: Can’t serve Section 21 in the first 4 months of a tenancy; notices expire after 6 months.
Common pitfalls
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Failing to serve the How to Rent guide (or the latest version).
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Gas safety certificates not given before tenancy start.
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Missing selective/HMO licence at time of service.
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Serving Section 21 too early or letting it expire.
Compliance checklist
Before letting:
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Protect deposit and serve prescribed information.
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Provide EPC, Gas Safety, EICR, How to Rent guide.
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Check licensing requirements.
During tenancy:
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Record and respond to repair complaints promptly.
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Keep copies of every safety certificate and updated guide served.
When ending tenancy:
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Use Form 6A only.
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Check timing: after 4 months, valid for 6 months.
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Confirm all documents and licences are in place.
Key takeaway
The Deregulation Act 2015 ties your paperwork directly to your possession rights. If you cut corners on compliance, you risk losing your ability to regain possession.
Disclaimer: NetRent does not provide legal advice. These articles represent our understanding of rental property law.
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