Legislation and compliance news and guides for letting agents and estate agents

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.

The Landlord’s guide to right to rent checks sets out the details of the Home Office’s online right to rent check service, launched in November 2020, 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. The government has since also announced the "View and Prove" system for EU, EEA, and Swiss citizens.

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. 

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.

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. 

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.

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.

The transition period for the Tenant Fees Act ends on 31 May 2020, which means that from 1 June 2020, all assured shorthold tenancies (ASTs), student accommodation, and licences to occupy housing (including HMOs) in England will be subject to this legislation, regardless of when the tenancy agreement was originally entered into. This means that, from 1 June 2020,  any payment term in a tenancy agreement that’s prohibited by the Tenant Fees Act - even one that was entered into before 1st June 2019 - will not be binding.

This article was originally published on 8 April 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.

The Domestic Minimum Energy Efficiency Standard (MEES) Regulations first came into effect on 1 April 2018 and apply to most domestic private rented properties from 1 April 2020. The regulations are designed to tackle the least energy-efficient properties - those rated F or G on their Energy Performance Certificate (EPC) - by establishing a minimum standard of EPC band E for domestic private rented properties in England and Wales.