Since the introduction of the Deregulation Act 2015, it has been compulsory for landlords to issue Gas Safety Certificates and other documentation before the tenancy begins. Failure to do so removes landlords’ power to serve section 21 notices should the need for eviction arise.

Why was the Deregulation Act introduced?

The Deregulation Act 2015 was introduced to protect tenants from eviction when they raise a complaint about the condition of their home.

As is the case with so many laws, it had to be introduced because of the behaviour of a small minority of landlords, and now makes tenancies more complicated for the majority. Why can’t people just play nicely? But I digress.

The Deregulation Act sets out what documentation landlords must produce to ensure that their property meets a certain minimum standard, thereby also protecting themselves against complaints.

If this documentation is not produced before the tenants are given the keys, the landlord has no power to serve a section 21 notice (eviction).

Please note that this does not apply to section 8 notices, which are served because tenants have broken the terms of their contracts, most commonly non-payment of rent.

What documents do landlords now need to produce before tenancies begin?

Gas safety certificate: landlords must provide tenants with a current copy of the annual Gas Safety Certificate

10-year Energy Performance Cerficiate (EPC): this should ideally be provided at the viewing, but must definitely be provided to the tenant before they move in.

The latest version of the government booklet called How to rent: the checklist for renting in England.

Information on whichever tenancy deposit protection scheme you will be using.

Landlords must be able to prove that they have given all of these to their tenants. This is usually done by having the tenant sign and date the copy.

Let property in East London

The Dockleys team have several decades of experience of letting property in East London. The new legislation may be a bit of a pain, but it’s here to protect landlords and tenants alike. If you have any questions about section 21 notices, or any other aspect of letting property, get in touch today on 020 3633 4440.