There are a number of updates of which landlords of residential properties should be aware.

What needs to be done?

For Assured Shorthold Tenancies (AST’s) beginning after the 1st October 2015, the landlord is required to supply the following to the tenant:

- An Energy Performance Certificate (EPC),
- Gas Appliance Safety Certificate, and
- A document produced by the Government - ‘How to rent: The checklist for renting in England’. This information can be found online at www.gov.uk/government/publications/how-to-rent

Tenant’s Complaints

Changes have been made to how landlords respond to tenant’s complaints. New rules mean that any complaint in writing by the tenant means the landlord has to respond within 14 days of receiving the complaint, setting out what the landlord will do about the problem and how long repairs or replacement will take.

If the landlord doesn’t respond within that time limit, responds insufficiently or gives the tenant a Section 21 Notice, the tenant has additional rights.  They can take their complaint to the relevant local authority which will then inspect the property. If they believe the complaint is valid, they may give the landlord notice that the landlord must take action or they may carry out emergency work on their behalf. If that is done, the landlord cannot serve a Section 21 Notice for 6 months, thus delaying their rights to evict the tenant.

It may be possible to use other legal notices to evict the tenant – please contact us for our advice.

Bringing Tenancies to an end

A ‘Section 21 Notice’ is the notice given by a landlord to a tenant to regain possession of their property from the tenant. There have been changes made to the practice and procedure relating to section 21 Notices:

- The Section 21 Notice has to be in a particular form,
- Landlords can give the notice only after four months of the tenancy,
- The notice will expire 6 months after it is served, and
- If a local authority has given a ‘Health and Safety Improvement Notice’, a Section 21 Notice cannot be given for 6 months from the notice given by the local authority.

Smoke Alarms

From 1st October 2015, short term residential rental properties must have a properly installed and working smoke alarm on each floor where there is living accommodation.

Tenant’s Deposits

Finally, don’t get caught out by Tenancy Deposit Schemes. Tenant deposits had to be registered in a Government backed scheme by the 23rd July 2015. The law on this area has now been updated in circumstances where this requirement hasn’t been met. If the landlord gets it wrong, it could jeopardise their rights to evict their tenant:

- If a landlord did not register the deposit in one of the approved schemes within 30 days of receipt, the money must be given back to the tenant. If the landlord continues to hold the money, they will not be able to give a valid Section 21 Notice.
- Delay by the landlord in giving information about the deposit (as required by law) to the tenant can also delay or prevent the landlord from giving a Section 21 Notice.

Landlords should be aware that failure to follow the regulations could stop them regaining possession of their property. There might also be a financial penalty if the tenant makes a claim against the landlord if the landlord does not meet the necessary deadlines in the regulations.

For more information please contact Andrew Davies (apcd@mcp-law.co.uk or 01842 756102).