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A Legal Update Reminder

Rogue landlords blog

Come October 1st, the new legislations surrounding the evictions and possession proceedings are coming into effect.

So here’s a quick reminder of whats in store.

Retaliatory Evictions

Back in February 2015, we wrote about ‘the revenge eviction’, more details of which can be found on our blog post.

So in an effort to stop ‘rogue landlords’ evicting tenants who have made complaints about the condition of they property, new regulations will mean a Section 21 will be invalid if:

  1. A tenant made a complaint in writing about the condition of the property
  2. The agent or landlord failed to provide an adequate written response within 14 days
  3. The local authority served notice to the landlord.

So be sure to deal with any complaints from tenants correctly, by writing what action is being taken. Have a look here to see what else can be done.

 Prescribed form for Section 21 notices

1st October also brings about the new Section 21 Prescribed Form which will need to be given to tenants. Failure to do so may result in the notice being invalid.

 Serving a Section 21 Notice

As well as the new forms, serving a Section 21 Notice within the first four months of the tenancy start date will be invalid under the new law.

Further details on the new Section 21 Legislations can be found here.

Prescribed Information and Tenancy Deposit Rules 

This has been simplified for landlords. So long as the deposit is registered and the prescribed information has been served to the tenant or anyone who paid on the tenants behalf within 30 days, the landlord will be compliant.

 Prescribed requirements  

Most landlords will already be compliant with the additional requirements but just in case, heres a reminder of the prescribed requirements:

  •  Section 21’s cant be served if the landlords failed to comply with the prescribed requirements such as: supplying smoke alarms, EPCs, Gas Safety Certificates etc.

Further details on legal requirements can be found here.

As well as the above, last week the Government introduced a new booklet: “How to rent: The Checklist for renting in England”. Landlords and Agents will now have to ensure a copy is given to tenants at the start of each new tenancy and at each renewal from October 1st. The booklet currently is only available in digital format, with it becoming the landlord/agents duty to ensure this is either printed off and given to the tenant or sent via email.

With just a few days left until October 1st, its best to make sure all legal requirements are covered beforehand. For further information on your responsibilities as a landlord, give us a call on 01924 477999 or drop us an email at invest@silksestates.co.uk