Fundamental Changes to the Law

Fundamental Changes to the Law

Fundamental Changes are being introduced by the Government on the 1st October 2015

Changes to tenacies

Fundamental Changes to the Law

The most significant change in the past 8 years is being introduced to Residential Lettings on Thursday the 1st October 2015 and Landlords who get it wrong, or have failed to provide the prescribed information are going to find that the notices they serve for possession of a property are not valid - in short, they may not be getting back their properties vacant when expected!

The “Assured Shorthold Tenancy (AST) Notices and Prescribed Requirements (England) Regulations 2015” are being introduced with effect from 1 October 2015 and apply to properties in England. 

In technical speak, the regulations contain a new “prescribed form” for the purpose of new sub-sections 21(8) and (9) Housing Act 1988 inserted by section 37 Deregulation Act 2015.

The new format can be found HERE.

What this means is that the form required is new, very different and includes a number of requirements that must have been complied with before the notice is considered valid.

The Regulations apply in their entirety only to ASTs that are granted on or after the 1 October 2015, but it is subject to section 4, which provides that the new form must be used. Therefore one of the Industry’s leading solicitor’s, Painsmith advise landlords to use the new form for all notices served from the first of October.

The new form for a ‘No Fault Possession’ is a Form 6A which itself refers to Section 21 of the Housing Act 1988.

Before serving Notice, landlords will need to be able to demonstrate the following:

     a.  An Energy Performance Certificate (EPC) has been provided to the tenants

     b. A Gas Safety Certificate has been provided to the tenants (where applicable).

     c. A ‘How to Rent Guide’ has been provided to the tenants.

     d.  The deposit has been protected in a prescribed scheme.

     e.  Smoke (not heat) alarms are fitted on every floor of the property - including the ground floors of maisonettes.  The alarms

         have to be tested when the tenants move into the property.

     f.  A carbon monoxide (CO) alarm has been provided where there is provision for solid fuels to be combusted in the property (eg

        an Aga/log burner/fireplace etc) and this has been tested when the tenants move into the property.

Graham Jolliffe, Director of Maher Ross said:

“This legislation is being introduced with a tough time-scale and no consultation with professional bodies like ARLA and the NLA.  It’s almost as though it’s been implemented in a way to catch out as many private landlords and badly informed agents as possible; many of whom will remain entirely unaware of this legislation for years to come”.

Whilst Maher Ross Ltd have made every effort to ensure that the information contained in this article is accurate, we do not guarantee in any way the accuracy of the information provided or implied.  Readers are strongly advised to check the information for themselves and to consult a competent Residential Lettings solicitor like PainSmith or Dutton Gregory Ltd. Copyright Copyright Maher Ross Ltd 2015