Post 1 October 2018 changes to the AST regime

The Deregulation Act 2015 brought in wide-ranging changes to the assured shorthold tenancy (AST) regime. Initially those changes only applied in relation to ASTs that started after 1 October 2015. However, as of 1 October 2018 some of the provisions in the Deregulation Act 2015 now apply to all ASTs, irrespective of when they started.

The key changes are as follow:

  • All section 21 notices must now be in Form 6A (a copy of which can be found here:
  • Landlords must be alert to the possibility of retaliatory eviction.
  • Proceedings must be issued within six months of section 21 notices being given, otherwise they will expire and the landlord will have to serve a new notice if they want to bring proceedings. 
  • Landlords cannot serve a section 21 notice in the first four months of the tenancy.

In respect of tenancies that start after 1 October 2015 Landlords must also provide tenants with a copy of the gas safety certificate (before the AST starts), an EPC for the property and the Ministry of Housing Communities & Local Government’s ‘How to Rent’ guide. However, these requirements do not apply to tenancies that started before 1 October 2015. Although it is worth mentioning that if landlords fail to provide their tenants with a copy of the gas safety certificate it may be a criminal offence.

We regularly advise clients on issues relating to ASTs. Please contact Bryony Darnell with any queries. 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.