New regulations due 1st October – Update from readers questionsMake Text Bigger
The Department of Communities and Local Government’s (DCLG) new regulations are due to come into force on the 1st of October. They introduce new obligations on landlords to provide specific information to their tenants, and restrictions on the use of the section 21 notice no fault possession procedure if they fail to do so.
The new regulations will only apply to new tenancies from 1st October 2015, and then to all tenancies from October 1st 2018.
Landlords will become responsible for giving tenants a booklet called “How to rent: the checklist for renting in England”.
This is available from the government website here >> https://www.gov.uk/government/publications/how-to-rent (There is no hard copy available)
This booklet may/will be updated, but it does not look like you have to send a new one to tenants every time this happens. You will need proof it has been given which could be by hard copy or in an email attached as a PDF if you have confirmation of receipt.
There will be no need to send again when a tenancy falls into Statutory Periodic, but if a new term AST is signed then it will need to be re-issued.
Landlords must also give tenants a copy of the EPC certificate which is valid for 10 years and a copy of the Gas Safety certificate.
What about HMOs? It is not clear, but the consensus of industry opinion is that an EPC for the whole building will need to be supplied along with a Gas Safety certificate to tenants.
If any of the above are not given to tenants (at the start of a tenancy to avoid doubt) then the new rules prohibit the use of a section 21 notice to end a tenancy.
Landlords and Agencies are being advised to keep proof these documents were provided.
To see the NLAs response to these rules being rushed in click here
The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015
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