Fact Sheet – The Deregulation Act 2015

Introduced on 1 October 2015, the Deregulation Act made several important changes to the private rented sector. While the legislation is detailed, below is a clear overview of the key points landlords need to know.

1. New Rules for Serving Section 21 Notices
  • Form 6A must now be used when serving a Section 21 notice. No other form of notice is valid.
  • Landlords cannot serve a Section 21 notice within the first 4 months of the initial tenancy.
  • Notices are valid for six months only from the date of issue. After this, a new notice must be served.
  • It is no longer necessary to end the tenancy on the last day of a rental period (except for certain periodic tenancies).
  • If tenants have paid rent in advance, they are entitled to a refund for any unused days once they vacate.
2. Information That Must Be Given to Tenants

A Section 21 notice is only valid if the tenant has been provided with the following Prescribed Information before the tenancy begins:

  • A current Gas Safety Certificate (if applicable)
  • A valid Energy Performance Certificate (EPC) – rating must be E or above
  • The government’s current “How to Rent” guide
  • Confirmation of deposit protection (details vary depending on the scheme used)

Landlords must be able to prove this information was given. Without evidence, a Section 21 notice will not be enforceable in court.

3. Retaliatory Evictions

The Act aims to prevent unfair evictions where tenants raise complaints about property conditions.

A Section 21 notice cannot be served if:

  • A tenant has made a written complaint about the condition of the property, and the landlord or agent fails to provide an adequate written response within 14 days;
  • The local authority subsequently issues an Improvement Notice or Emergency Remedial Action Notice.

In such cases, tenants are protected from eviction for six months from the date of the notice.

⚠️ An adequate landlord response must set out the actions to be taken and a reasonable timescale.

4. When Tenants Cannot Claim Retaliatory Eviction

Tenants cannot rely on these rules if:

  • The poor condition of the property is due to their own misuse or breach of obligations;
  • The property was genuinely for sale at the time of the Section 21 notice (excludes sales to family members or business partners);
  • The property was mortgaged prior to the tenancy and the lender requires possession to sell.
Summary

The Deregulation Act 2015 strengthens tenant protections and clarifies landlord responsibilities. To serve a valid Section 21 notice, landlords must:

  • Use Form 6A
  • Provide all required documentation before tenancy starts
  • Avoid retaliatory practices
  • Ensure notices are issued within legal timeframes

👉 Download our full Deregulation Act 2015 Guide for more details.