Legislation Changes
- Section 21 form 6a to be used for all tenancies irrespective of start date
- Councils now need to get involved with rehousing, no need to wait for eviction
- Retaliatory eviction
- Minimum EPC grading for all new or renewing properties
- Gas safety inspections are allowed to be carried out 2 months prior to expiry with no loss of time on the gas certificate
- New GDPR changes came into place, details of tenants should not be passed on without permission and not kept for longer than necessary
- Updated ‘How to Rent’ guide to be issued for all tenancies
Upcoming Legislation Changes
- Banning orders
- Ban on tenants fees
- Houses not fit for human occupation
- Mandatory electrical safety inspection checks
- Private landlords registration
- Client money protection 1/4/19
- HMO licences and fines, could be up to 12 months rent to be paid to the tenant or local authority
Right to Rent Checks
What is Right to Rent?
The Right to Rent scheme makes it an offence for a landlord to allow a person who does not have a ‘right to rent’ to occupy premises in England. A person will have an ‘unlimited right to rent’ or a ‘time limited right to rent’ depending on their circumstances.
Why do we carry out Right to Rent checks?
This is the check a landlord, agent or householder renting out property should make to ensure that the prospective tenants or occupants have a right to rent. If the check is not made and the occupier has no right to rent there may be a civil penalty to pay. (Home Office ‘A short guide on right to rent’ June 2018)
What are the penalties for not conducting the check?
If a landlord, agent or householder does not make the correct right to rent checks and is found to have let property to someone who does not have a right to rent, they will become liable for a civil penalty. (Home Office ‘A short guide on right to rent’ June 2018)
How many companies have been fined for not doing so, and what have the fines totalled?
There have been over 400 fines since 2016, totalling approx. £265,000. This is less than the penalties that were outlined, although this is set to increase over the coming years as repeat offenders will start to come around again. This will start to see the maximum penalties coming into effect, which could include imprisonment.
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