Deregulation Act

dinkylink

Article on Landlord Zone states...

"All new residential AST tenancies created on or after the 1st of October 2015 are affected by the new rules brought in by the Deregulation Act, whereas existing tenancies and those that go periodic will not be affected until 1st October 2018."

It then goes on to detail the changes...


Changes to S21 Notice Procedure

A number of changes to Section 21 possession claims are brought in after 1st October 2015 under the new rules in the Deregulation Act 2015. Any new Assured Shorthold Tenancy (AST) in England starting on or after the 1st October 2015 will require the new Standardised Section 21 form and the landlord or agent MUST conform to the new requirements, the main ones being:

• Provide the tenant/s with a current copy of the 10 year Energy Performance Certificate (EPC) for the rental property, technically either when letting information is given or at the viewing whichever is sooner.
• Provide the tenant/s with a current copy of the annual Gas Safe Certificate for the rental property before the tenant enters the property.
• Provide the tenant with a current copy of the Government Booklet: How to rent: the checklist for renting in England This MUST be the latest available version at the time of letting and on a tenancy renewal.
• Protect any Tenancy Deposit taken, plus serve the statutory information (s213 notice) and get proof of service within 30 days

All fair enough, but I am slightly confused by the previous statement that existing periodic tenancies (like mine) will not be affected until after 1st October 2018.


By including this statement it suggests that existing tenancies will need to incorporate the 4 bullet points as noted above from 1st October 2018? Obviously the points about the Gas safety certificate and protecting the deposit are moot because I have met/meet these criteria. But...

• For the EPC, will I have to provide an updated certificate to my existing tenants? I have put a new boiler in since my tenants moved in so presumably the existing EPC which they have is now out of date?
• Government Booklet - will I have to send them the latest version of this after 1st October 2018?

Obviously this assumes my tenants will still be in the property in 3 years time, but they have been there for 5 years already...

dinkylink

Anyone?.... GM?!

thesaint

It is well worth your time to join LLZ.
They know their stuff.

theartfullodger

LLZ is usually right, as saint says.

The chances of there being further changes in housing law between now & 01/10/2018 is high, if not an absolute racing certainty.

re

Protect any Tenancy Deposit taken, plus serve the statutory information (s213 notice) and get proof of service within 30 days

Already necessary to protect deposit & serve PI within 30 days of payment (if not s21 invalid & tenant sue you for up to 3xdeposit: Can still sue even if you return deposit. Getting proof of service is simply basic caution in case sued.

What training have you done as a landlord??

dinkylink

theartfullodger wrote: »

LLZ is usually right, as saint says.

The chances of there being further changes in housing law between now & 01/10/2018 is high, if not an absolute racing certainty.

re Already necessary to protect deposit & serve PI within 30 days of payment (if not s21 invalid & tenant sue you for up to 3xdeposit: Can still sue even if you return deposit. Getting proof of service is simply basic caution in case sued.

What training have you done as a landlord??

Yes as noted artful I have protected and served the info as required 5 years ago when the tenancy began. Are you able to advise re my 2 specific queries?

ta

theartfullodger

IMHO no, but why not do so anyway: It;s hardly onerous..

I repeat, please,

What training have you done as a landlord??

dinkylink

theartfullodger wrote: »

IMHO no, but why not do so anyway: It;s hardly onerous..

I repeat, please,

What do you mean by training?

theartfullodger

dinkylink wrote: »

What do you mean by training?

I only ask as when I started as a landlord I didn't know what I was doing & it cost me a lot in time, aggravation & expense...

What is Training?? Gosh, that's a toughie! Things like
https://www.rla.org.uk/landlord/courses/landlord_training_course.shtml
or
http://www.landlords.org.uk/advice-support-tips/courses/nla-foundation-course-attendees-are-eligible-nla-accreditation
or
http://shop.shelter.org.uk/training/assured-shorthold-tenancies.html

.. or have you read any books on the subject?? e.g
http://www.amazon.co.uk/Complete-Guide-Residential-Letting-ebook/dp/B00NWBCLTC
or
http://www.amazon.co.uk/Successful-Property-Letting-Buy---Let/dp/1472119940

As the (very..) old saying goes, if you think education is expensive, try ignorance!

Do let us have your thoughts on the matter

dinkylink

theartfullodger wrote: »

I only ask as when I started as a landlord I didn't know what I was doing & it cost me a lot in time, aggravation & expense...

What is Training?? Gosh, that's a toughie! Things like
https://www.rla.org.uk/landlord/courses/landlord_training_course.shtml
or
http://www.landlords.org.uk/advice-support-tips/courses/nla-foundation-course-attendees-are-eligible-nla-accreditation
or
http://shop.shelter.org.uk/training/assured-shorthold-tenancies.html

.. or have you read any books on the subject?? e.g
http://www.amazon.co.uk/Complete-Guide-Residential-Letting-ebook/dp/B00NWBCLTC
or
http://www.amazon.co.uk/Successful-Property-Letting-Buy---Let/dp/1472119940

As the (very..) old saying goes, if you think education is expensive, try ignorance!

Do let us have your thoughts on the matter

No formal training/courses artful, but I do try to keep ahead of the latest legislation by following sites like Landlord Zone and coming on here, hence me asking about these particular queries 3 years before they might affect me.

G_M

The 4 bullet points bring together existing requirements (EPC, GSR & deposit protection) with the new requirements (gov leaflet). Any new tenancy from Oct 1st requires all 4.

Existing pre-Oct tenancies already required the first 3, so this is unchanged. No, you do not need to send existing tenants the gov leaflet (though you may of course choose to do so).

Another new requirement since Oct 1st is the smoke/CO alarm reqirement. This does apply to existing tenancies as well as new ones. (Smoke and Carbon Monoxide Alarm(England) Regulations 2015)

I recently updated my guide below (though I welcome feedback with any errors/ommissions).:

* New landlords: advice, information & links

I am also half-way through a guide on repairing obligations, to include the new Deregulation Act section on 'retaliatory S21 Notices'. Again, suggestions welcome:

* Repairing Obligations

dinkylink

Super, thanks GM; really helpful as always. Yes I was aware of the new smoke alarms/CO2 requirements but will be sure to check out your guide.

Best regards

dinkylink