Last amended by Renters' Rights Act 2025 in 2025. Abolition of s.21 — the Deregulation Act provisions cease to operate for new tenancies on commencement of the s.21 abolition provisions.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Deregulation Act 2015 was a wide-ranging measure cutting regulatory burden across many sectors. For housing law its key impact came through sections 33-41, which introduced statutory protection for assured shorthold tenants against 'retaliatory eviction' and imposed prescribed-requirement preconditions on the service of a valid Section 21 notice. From 1 October 2015 onwards, a landlord serving s.21 must have given the tenant a valid gas safety certificate before occupation (Trecarrell House Ltd v Rouncefield), the current 'How to Rent' guide, and a valid Energy Performance Certificate. The retaliatory-eviction provisions (s.33) prevent a s.21 notice taking effect within 6 months of the local authority serving an improvement notice or emergency-remedial-action notice on the landlord. The Act also reduced regulation across taxis, apprenticeships, betting, employment tribunals, and many other areas.
Key Points
- Retaliatory eviction protection (s.33) — s.21 notice void if served within 6 months of a council improvement notice
- Prescribed-requirement preconditions (s.38) — landlord must have given gas safety cert, EPC, How to Rent guide before s.21 is valid
- 4-month rule (s.36) — no s.21 in the first 4 months of the original tenancy
- 6-month time limit on use of s.21 — proceedings must be commenced within 6 months of giving notice
- Form 6A made mandatory for s.21 notices in England (Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015)
Parts & Sections
Amendments History
2017 — Homelessness Reduction Act 2017
Cross-references the retaliatory-eviction provisions in the new homelessness prevention duties.
2019 — Tenant Fees Act 2019
Tenant Fees Act made tenant-fee bans operative; this Act introduced consequential s.21 invalidity where prohibited fees taken.
2025 — Renters' Rights Act 2025
Abolition of s.21 — the Deregulation Act provisions cease to operate for new tenancies on commencement of the s.21 abolition provisions.
Frequently asked questions
- What is retaliatory eviction protection under the Deregulation Act 2015?
- Under Section 33 of the Deregulation Act 2015, a Section 21 notice is void if served within six months of a local authority serving an improvement notice or emergency remedial action notice on the landlord. This statutory protection is designed to prevent retaliatory evictions where a tenant has reported safety or maintenance issues to the council.
- What documents must a landlord provide before serving a Section 21 notice?
- Before serving a valid Section 21 notice, a landlord must have provided the tenant with a valid gas safety certificate, a valid Energy Performance Certificate, and the current 'How to Rent' guide. These are prescribed requirements under Section 38 of the Act, and failure to comply renders the notice invalid.
- When can a landlord not serve a Section 21 notice?
- Section 36 of the Act prohibits a landlord from serving a Section 21 notice during the first four months of the original tenancy. Additionally, Section 34 requires that possession proceedings must be commenced within six months of the notice being given; otherwise, the notice cannot be used to recover possession.
- How did the Deregulation Act 2015 change Section 21 notices for tenants?
- The Deregulation Act 2015 introduced mandatory requirements for Section 21 notices in England, including the use of Form 6A. It also imposed time limits, such as banning notices in the first four months of a tenancy and requiring court proceedings to start within six months of the notice. It further added protections against retaliatory eviction following council enforcement actions.