In our Landlord Explainer series of posts, we breakdown certain areas of the law and practice that impact on Landlords in England and Wales and try to explain them in layman’s terms.
The Deregulation Act of 2015 brought significant changes to the private rental sector in England and Wales, aimed at improving the relationship between landlords and tenants and simplifying existing laws. Here’s a layman’s breakdown of what landlords should know:
1. Protection of Tenants’ Deposits: The Act clarified the rules for protecting tenants’ deposits and serving prescribed information. Landlords must ensure they follow these to the letter to avoid penalties and issues with ending tenancies. In simple terms, if you take a deposit to secure an obligation by the tenant, for example to pay their rent, or to ensure they don’t damage the property, then you must protect the deposit within 30 days of receipt in an authorised scheme. The landlord also has to esnure that it provides prescribed information relating to the deposit. We’ll be covering this information in a later Landlord Explainer post.
2. Retaliatory Evictions: The Act offers tenants protection from ‘retaliatory eviction’, meaning landlords cannot evict tenants for reporting poor or unsafe living conditions. In simple terms, if the tenant complains about an issue with the property, the landlord needs to respond, manage and where applicable deal with any issues. If the landlord fails to comply with the requriements, then they can face legal consequences and could be precluded from relying on a section 21 notice seeking possession.
3. The ‘How to Rent’ Guide: Landlords are required to provide tenants with a ‘How to Rent’ checklist at the start of their tenancy. This is a government-issued document that gives tenants essential information about their rights and responsibilities. The How to Rent Guide is regularly updated by the Government. A landlord should ensure that the most recent and in-date version is served on the tenant at the outset of the tenancy. If the landlord has failed to do this, then it may be precluded from issuing a section 21 notice.
Explainer Quick Tip
4. Section 21 Notices: There were new rules for serving a Section 21 notice, which landlords use to end a tenancy without stating a reason. The timing of this notice and the condition of the property play a key role in its validity.
5. Repair and Maintenance: The Act also highlighted landlords’ duties to keep the property in a good state of repair. It also specified that landlords need to provide 24 hours’ notice before entering the property for inspections.
Remember, this Act is about ensuring fair play and safety in the rental market. Both landlords and tenants have rights and responsibilities, and the Deregulation Act of 2015 helps clarify these. Always consult with a professional for specific legal advice or if you have any particular concerns about your rental properties.
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