Lettings legislation unrelated to Covid-19 has still been passing during the pandemic, says Tim Frome, Landlord Action’s Legal Director, and letting agents and landlords need to keep abreast of changes to Electrical Safety Standards Regulations, right to rent, and Section 21.
In this excerpt from our latest e-book, "Your guide to lettings and the law, Vol II", the move towards regulation of estate and letting agents has progressed in 2020, with a consultation on the Code of Practice - and agents are looking ahead to the changes the regulation may bring to the industry.
Eligible tenants will now be able to prove their right to rent online via the Home Office’s new online checking service, while the rules for conducting right to rent checks on B5JSSK nationals arriving via e-passport gates have been clarified.
A consultation is underway on the Government's proposal to raise the minimum energy efficiency standards for private rented properties to EPC Band C by 2028.
DAS Law answers key questions about your employees' rights when returning to the workplace, including whether they can refuse to return if they feel it's unsafe, whether they can ask to remain on furlough, and if it's safe for them to return to work if they've recovered from Covid-19.
DAS Law answers key questions about the government's 'pre-action' protocol, including what agents and landlords should consider before initiating any proceedings, what could the pre-action protocol for possession claims based on rent look like, and what to do if you've already served notice.
Tenant referencing can impact whether or not you can retain a tenancy deposit if a tenancy application falls through and could even affect your eligibility for insurance, so it's crucial that you have a robust process in place.
Make sure you’re not wasting your agency’s time or money on applicants your referencing provider would advise against with just a few key questions.
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020 and require five-yearly inspections of electrical installations and inspection reports to be supplied to tenants.
Letting agents, landlords and contractors can now visit tenants’ homes to carry out a range of essential and non-essential work or maintenance, as long as they are following the guidance on working in people’s homes.
“There is legislation that has gone under the radar,” says Tim Frome, Landlord Action’s Legal Director. “Everyone’s aware of the legal issues brought about by the pandemic that people are facing on a day-to-day basis. But the government has still been passing other lettings legislation.”
Topics: Compliance
The Regulation of Property Agents (RoPA) was first proposed in 2018, with a working group laying out a new regulatory framework in the RoPA Report, published in July 2019.
Topics: Compliance
A Revised Code of Practice on Right to Rent officially replaces the previous version on 2 November 2020 and has set out the details of the Home Office’s new online right to rent check service, in addition to confirming how visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States with biometric passports (also known as “B5JSSK nationals”) can prove their right to rent.
Topics: Compliance
The government wants to raise the minimum energy efficiency standards to EPC Band C by 2028 in order to improve the overall energy performance of the private rented sector in England and Wales. UK housing stock is generally older than in the rest of Europe, according to the consultation document, and “the potential for improvement in the energy performance is considerable”. Privately rented properties, which make up 20% of the housing stock, are among the least energy efficient, “costing over £6bn in energy bills in 2018 and producing GHG emissions of around 11 megatonnes of carbon dioxide equivalent a year”.
Topics: Compliance
It is expected that nearly two-thirds of the working population will have returned to work by the end of August, with safety measures put in place to protect them. Nevertheless, many employees may still feel uncomfortable about returning to their workplace. Can an employee refuse to return to work due to fears of contracting Covid-19 and where does the law stand if employees decide to ‘take a stand’? Chloe Williams, Legal Adviser at DAS Law answers key questions around employees returning to work during the Covid-19 pandemic.
Topics: Compliance
The government has confirmed its intention to end the "moratorium on evictions" from social or private rented accommodation on 23 August. This means that from 24 August, “the courts will begin to process possession cases again.” When they do, there will be a new ‘pre-action protocol’ that letting agents and landlords will need to comply with.
There’s already a protocol in place for claims by social landlords which seeks to help parties to work through issues before taking action through the court and it is believed this will be extended to private landlords. The aim of the protocol is to encourage more pre-action contact between the parties, the exchange of information and to avoid litigation. Anthony Di Palma, a solicitor at DAS Law, talks through what this could look like. Note that this is based on limited information available at this moment in time and we await further clarification from the government.
Topics: Compliance
When taking on a new tenant, your landlord wants to know that their property will be well looked after, and that they’ll receive payments on time and in full - especially when letting to new tenants while the pandemic is still ongoing and causing uncertainty. Referencing checks that your landlord’s tenant will meet these criteria and that they’ll be a suitable fit. A robust referencing process goes even further than this and directly impacts your revenue - making the value of referencing even more pronounced.
Topics: Compliance
The lettings industry is heading into its busiest period of the year. This means it's important to make sure you’re not wasting your agency’s time or money on applicants your referencing provider would advise against.
Topics: Compliance
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020. The new regulations will apply to new tenancies from 1 July 2020 and to existing tenancies from 1 April 2021. Landlords must have the electrical installations in their properties inspected and tested by a person who is “qualified and competent”, at least every five years. Landlords have to provide a copy of the electrical safety report to their tenants, and to their local authority if requested. Breaches of the regulations could result in financial penalties of up to £30,000.
Topics: Compliance
This article was originally published on 1 June 2020. Although we endeavour to keep our coronavirus (COVID-19) content as up to date as possible, the situation is rapidly changing, so please ensure you refer to gov.uk for the latest advice and information.
Topics: Compliance
