Deregulation Act 2015 - summary for property lawyers

Deregulation Act 2015 - summary for property lawyers

How will the Deregulation Act 2015 (DA 2015) impact the property sector? James Main, solicitor at DMH Stallard, explores the provisions and suggests that in some cases they will add to the regulatory burden, particularly for landlords of residential property.

What does DA 2015 mean for property lawyers?

The purpose of the Deregulation Act 2015, as the name suggests, is to try to clarify and simplify a number of areas of law, cut red tape and repeal obsolete legislation. From a property perspective, it is questionable whether this has been achieved and arguably the provisions of DA 2015 add to the regulatory burden for landlords of residential property in particular.

What were the key features of DA 2015 that property lawyers should be aware of?

The most widely publicised change is in relation to the provisions governing the management and termination of assured shorthold tenancies. The tenancy deposit regulations contained within the provisions of the Housing Act 2004 (HA 2004) and extended by the Localism Act 2011 were far from straightforward and have resulted in a number of cases coming before the courts. The provisions of DA 2015 have brought some clarity and a degree of common sense to the law surrounding the treatment of tenancy deposits, which is particularly welcome in cases where the deposit was received before the regulations came into effect.

DA 2015 also introduces provisions that prevent a landlord serving a notice under HA 2004, s 21 (section 21 notice) in certain circumstances where disrepair has been reported. It also gives the Secretary of State power to prescribe the form of notice to be served, and to impose certain

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