Legislation Update for Basingstoke Landlords

Legislation Update - changes over the past 12 months that may impact your property

I have had a number of conversations with landlords recently about legislation changes and how this may affect their properties or tenancies. As there have been a number of these over the past 12 months, I have produced a brief summary below. This is not exhaustive, as others were also introduced in Scotland and Wales as well as legislation relating to Retaliatory Evictions in England, however it does cover the most likely ones you will encounter.

In each case there are links to provide additional information should you need it.

Smoke Detectors

From October 1st 2015, a smoke alarm must be fitted on each storey of a premises where there is a room used wholly or partly as living accommodation. These must be checked to be working at the start of each tenancy. This would include a ground floor entrance hall to an upstairs living space for example.

Please click here for a government guide for landlords.

 

Carbon Monoxide Detectors

From October 1st 2015, a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance. We would recommend that a carbon monoxide alarm is also fitted wherever there is a gas appliance or boiler in the property.

Please click here for a government guide for landlords.

Legionella’s Risk Assessment

The law requires landlords of domestic rental properties to assess the risk from exposure to Legionella to ensure the safety of their tenants, in the form of a Risk Assessment. This does not require an in-depth, detailed assessment or testing of the water for Legionella bacteria. This risk assessment can be carried out by a “competent person” which can include the landlord.

Click here to read the HSE guide for landlords.

There is also a useful RICS Video on this subject.

How to Rent

The governments “How to Rent” guide should be given to a tenant at the time of granting a new tenancy and ultimately before a section 21 notice can be served in England.

Please click here to download a copy of this guide.

Section 21

A new section 21 notice to vacate came into force from October 1^st 2015.

Please click here to read the updated government guidance.

 

Right to Rent

Landlords or agents obtain copies of for the original document(s) for all adult occupier(s) that show they have the right to be in the UK. Where a document shows the adult occupier(s) has a limited right to remain in the UK, further checks will need to made by the landlord or agent nearer the time of expiry of leave to remain in the UK.

Please click here to read the governments guidance to landlords.

New section 8 and Section 13 notices

In the third change in 12 months, new notices take effect from 6th April 2016. These notices are Section 8 notice seeking possession, typically used when a tenant is 2 months or more in rent arrears and Section 13 rent increase notice where a tenancy has moved into periodic.

Check with your documents provider or agent to ensure you are using the correct versions. Using old versions will mean that any notice served will be invalid.

If you require any further information, please don’t hesitate to contact us.