Following amendments to the Housing Act 1988 by the Deregulation Act 2015, new sections 21A to C came into force on 1 July 2015:
- Section 21A provides that a section 21 Notice cannot be served “…at a time when the landlord is in breach of a prescribed requirement..” It then provides that the “prescribed requirements” will be laid down in subsequent statutory instruments.
- Under Section 21B(3) a section 21 Notice cannot be served if the landlord has not served on the tenant prescribed information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy. Again, the prescribed information will be laid down in subsequent statutory instruments.
- Section 21C provides that, where a tenant under an AST has paid rent in advance and a section 21 Notice brings the tenancy to an end before the end of a period of the tenancy, the landlord must repay the rent to the tenant in respect of any day during that period when the tenant is not occupation. The section also provides a formula for calculating the amount of rent to be repaid.