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The Deregulation Act: Section 21 Changes

Kevin Winchester at KW Property comments on the how the Deregulation Act has affected Section 21 notices

If issuing the correct Section 21 Notice (Notice requiring possession of a let property) wasn't confusing enough, the Department of Local Government and Communities decided to add a third one to the fray in Form 6A, which came into effect on 1st of October 2015 with the Deregulation Act.

In typical fashion the first version of the notice was incorrect and it wasn't until January 2016 when they finally announced they had got it right. So we now have three Section 21's in circulation and I can imagine for the DIY landlords out there it could be quite confusing, regarding which one to use and when to use it.

So the guidance suggests that the new notice can be used for ending all Housing Act tenancies regardless of the date when the tenancy first started or if it's still in fixed term of statutory periodic.

I don't agree with this, for the following reasons. We all know how temperamental a judge can be on hearing and the free lawyer available to the tenants will pull out all the stops to buy more time and prove your notice is invalid.

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