New regulations due 1st October – Update from readers questions

New regulations due 1st October – Update from readers questions

8:01 AM, 2nd October 2015, About 7 years ago 38

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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.dclg

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

http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf

Explanatory Note

http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksiem_20151646_en.pdf



Comments

by Steve Masters

17:40 PM, 23rd September 2015, About 7 years ago

I always give my non HMO tenants the green copy of their gas safety record.

I thought previously it was sufficient just to display the green copy of the gas safety record in a HMO and there was no need to serve to each and every tenant.

Have I overlooked something?

by Romain Garcin

19:43 PM, 23rd September 2015, About 7 years ago

Reply to the comment left by "Steve Masters" at "23/09/2015 - 17:40":

"Have I overlooked something?"

No, in case of an HMO you are right.

by Roanch 21

10:56 AM, 24th September 2015, About 7 years ago

So most repairs are the landlords responsibility (page 6). Not sure if I agree with this. Why no mention of lord dennings tenant like manner case law statement? This specifically says that tenants are responsible for repairs such as unblocking a sink etc.

and why does the web link on repairs go to the Shelter website? Are they now the leading authority on what a landlord must do? Seems a bit too political.

How much input did Shelter put into this? and how much did the Rla / Nla do?

by Teg's Dad

14:43 PM, 24th September 2015, About 7 years ago

Reply to the comment left by "Romain Garcin" at "23/09/2015 - 14:15":

Romain

Do they have to sign anything to cover emailing or will a simple statement at the start of the referencing process suffice?

by Romain Garcin

18:10 PM, 24th September 2015, About 7 years ago

Reply to the comment left by "Teg's Dad" at "24/09/2015 - 14:43":

The law says that "the tenant has notified the landlord that he is content to accept service of notices and other documents under or in connection with the tenancy, by e-mail".

Thus, you must get an explicit agreement from the tenant. So yes, they should sign something.

by Teg's Dad

18:28 PM, 24th September 2015, About 7 years ago

Thanks, Romain.

I have today amended our Terms of Business, ASTs etc as well as emailing those currently going through the referencing process, asking them to confirm they are happy to accept email service etc.

by Altair

9:17 AM, 26th September 2015, About 7 years ago

Hi all. I just scanned through the Government's How to Rent checklist and on page four it clearly says

"The Energy Performance Certificate. This will affect your energy bills and the landlord must provide one (except in Houses in Multiple Occupation)"

So I assume no need for EPC in HMO's.

still reading...

Why not charge new tenants and ingoing admin fee - say £100 to go towards the cost of setting up a new tenancy (if you do it yourself that this). I am thinking of doing this.

Any thoughts anyone?

by Romain Garcin

10:51 AM, 26th September 2015, About 7 years ago

Reply to the comment left by "Mike Jackson" at "26/09/2015 - 09:17":

I would not rely on this booklet to get accurate legal information. In fact, they should already update it as it does not include the smoke and CO alarms requirements that will come into force on the same day the booklet does!

Regarding the EPC requirement, the drafting is not clear and might create an obligation to give a copy of the EPC to HMO tenants.

by Luke P

15:16 PM, 26th September 2015, About 7 years ago

Reply to the comment left by "Mike Jackson" at "26/09/2015 - 09:17":

Why are you already not? That's the question.

Tenants pay me £200 for the pleasure of my services.

by Mick Roberts

15:27 PM, 26th September 2015, About 7 years ago

I have a question which I can't easily find the answer.
Does the EPC & boiler service have to be given at the start of the tenancy?

And if tenant has lived there 7 years, & we are giving normal sec 21 notice, & one of our reasons is the tenant is just not playing ball-And one of the reasons to give notice is she won't answer phone to let plumber in to service boiler?

So if this is case, that u need up to date boiler service to serve notice, some tenants (as I have in my current case), will wise up & just let boiler service run out, & judge may never accept notice-as no boiler service to send him!

Please tell me I'm wrong


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