Poorly worded farcical new regulations
Responding to today’s announcement from the Department of Communities and Local Government’s (DCLG) on new regulations, due to come into force on 1 October, which 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.
Richard Lambert, Chief Executive Officer of the National Landlords Association (NLA), said:
“This is just plain farcical. These regulations are poorly worded, badly timed and are being tabled with just days to spare before they are due to come into force on 1 October. As we understand it, there will be no guidance from the Government explaining how to comply before then. How can a landlord about to let a property on a tenancy from the start of October be expected to comply with these new requirements if they’ve not been told what they are and what is expected?
Given that there is no Government budget for marketing these new laws, and so it is relying on industry organisations and professional advisers as the main route to compliance, it’s shoddy, to say the least.
Coming hot on the heels of the Smoke and Carbon Monoxide Alarm debacle in the Lords yesterday, which due to official incompetence looks highly unlikely to come into force this year, this is something akin to a Laurel and Hardy sketch.”
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
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Member Since July 2013 - Comments: 463
10:47 AM, 10th September 2015, About 11 years ago
May we have a link to the DCLG announcement please? I’ve done a Google search but nothing obvious showing up.
Member Since February 2011 - Comments: 3453 - Articles: 286
11:07 AM, 10th September 2015, About 11 years ago
Hi Tony,
Added above 🙂
Member Since March 2015 - Comments: 1969 - Articles: 1
12:30 PM, 10th September 2015, About 11 years ago
Reply to the comment left by “Neil Patterson” at “10/09/2015 – 11:07“:
I think Tony was perhaps asking where on here it was:
https://www.gov.uk/government/announcements?departments%5B%5D=department-for-communities-and-local-government
Member Since July 2013 - Comments: 463
5:45 PM, 10th September 2015, About 11 years ago
Many thanks. I was aware of much of this, but the requirement to give new tenants the DCLG booklet entitled “How to rent: the checklist for renting in England” is a new one for me.
Er, and what happens when this booklet is revised, as no doubt it will? Do landlords have to keep checking which version is current, each time they start a tenancy?
It’s interesting that landlords are told in no uncertain terms in clause 3.1 that they are expected to know how to use the internet and to make sure they have access to it: no paper copies of the DCLG booklet will be made available. The implication is that the same will be expected of tenants, unless the landlord prints the thing out every time.
And renting is here referred to as a “business”. Clearly DCLG has not spoken to HMRC recently or heard about the change in the Summer Budget as regards deducting mortgage interest costs.
Member Since June 2013 - Comments: 2
11:23 PM, 10th September 2015, About 11 years ago
Hello team,
Does this only come into effect from 1st of October, or do we have to give this extra bits to existing tenants as well if we like to give them section 21 in any future date?
Thanks
Member Since March 2015 - Comments: 1969 - Articles: 1
7:54 AM, 11th September 2015, About 11 years ago
Although nothing has been finalised as yet, the proposal is for smoke/CO alarms to apply to ALL rental properties from 01st Oct.
No fault S.21 would only apply to new tenancies as far as I am aware but this is not looking like it will be implemented any time soon, however the Govt maybe shoving it through the back door on the quiet…!
Member Since July 2015 - Comments: 22
8:17 AM, 12th September 2015, About 11 years ago
We currently give S21’s that are a one page document.
Regarding the new format S21, I’m not sure from the wording and link here whether the whole 8-page PDF document is what we are now supposed to give for a S21??!
“The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015”
http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf ”
Does anyone know?
Member Since March 2015 - Comments: 1969 - Articles: 1
8:20 AM, 12th September 2015, About 11 years ago
Reply to the comment left by “Angela Bryant” at “12/09/2015 – 08:17“:
Either way it’s at least now two pages…also, what’s the £6.00 bit on the last page? Don’t tell me we now have to pay to purchase a S.21??
Is one compelled to provide a phone number too?
Member Since February 2015 - Comments: 9
9:31 AM, 12th September 2015, About 11 years ago
We provide room accommodation in HMO’s where the bills are paid by the landlord. This has never required landlords to get an EPC as they were outside of the regulations for these. With this in mind how can we provide an EPC when the landlord isn’t required to get one?
Member Since August 2013 - Comments: 883
8:42 PM, 13th September 2015, About 11 years ago
Reply to the comment left by “Tony Atkins” at “10/09/2015 – 17:45“:
Hi Tony,
Indeed, the regulation states if the document has changed then the landlord must provide it again when a new tenancy is created with an existing tenant.
So there we have it, another thing to carefully check every time a new tenancy is created (which of course include a statutory periodic tenancy).