Use a letting agent who knows the regulations
LAKIN & Co is finding that many landlords are still unaware of the changes in the law that came into force at the beginning of this month. The way in which notice can be served on tenants has changed as of October 1 2015.The current prescribed notice required to be given for bringing a tenancy to an end has been replaced by a new form of Section 21 notice which must be used for all fixed term Assured Shorthold Tenancies (ASTs) that start on or after October 1.
The changes do not apply to a fixed term AST granted before October 1, even if, after this date, the fixed term AST becomes a statutory periodic tenancy. Until October 1 2018, you can choose whether to use the new form of Section 21 notice for tenancies that started before October 1 2015. However, from October 1 2018, the new rules will apply to any AST. It is therefore more important than ever for landlords to know the requirements and use the right notice to be able to gain possession of their property.
As part of the changes, a Section 21 notice cannot be used where the tenant has resided in the property for less than four months.Where the landlord has not protected the tenant’s deposit under a tenancy deposit scheme, has not complied with the ‘providing information requirements’ referred to below or where the property requires a licence but is unlicensed, for example a House in Multiple Occupation (HMO).
The landlord is now also prevented from ‘retaliatory eviction’ under Section 33 Deregulation Act 2015 (DA 2015) which has been introduced to prevent landlords evicting tenants who have requested repairs or maintenance to be carried out.
Again from October 1,The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 will impose new requirements on all landlords, in the way certain information must be provided to their tenants. In addition to the existing requirements whereby landlords are obligated to protect their tenant’s deposit in a deposit protection scheme and provide information to their tenant on how
While Lakin & Co has always advised landlords to install smoke alarms, now they are required by law, as are carbon monoxide alarms in any room with a solid fuel burning appliance.
and where their deposit is protected. . Landlords and letting agents are now required to also provide, a copy of; the energy performance certificate (EPC), gas safety certificate and a
copy of The Department for Communities and Local Government’s t’s booklet titled ‘How to rent: the checklist for renting in England’ at the e start of the tenancy.
If the correct information is not provided to tenants at the time the tenancy is entered into, then landlords and their letting agents will not be able to serve a section 21 notice to bring the tenancy to an end.
While Lakin & Co has always advised landlords to install smoke and carbon monoxide alarms, landlords are now required by law to install smoke detectors on every floor of their property where someone is living. Carbon monoxide alarms must also be fitted in any room within a rented property where there is asolid-fuel burning appliance, this includes open fires and wood burners but again Lakin & Co advises landlords to also include these as standard.
Both types of alarm must be tested at the start of every tenancy beginning on or after October 1.
Although the ruling does not apply to renewed or statutory periodic tenancies Lakin & Co has been advising its landlords well in advance to start ensuring smoke alarms are fitted.
Make sure syou are using an agent who knows the law and who will protect you and your property. So call Lakin & Co on 01895 544 555 for more information and to see how they can help you.