A Landlord’s Guide to Rental Legislation

Tenant Fees Act 2019

The Tenant Fees Act 2019 is a piece of legislation in the United Kingdom that came into effect on June 1, 2019. Its purpose is to protect tenants from unfair letting fees and improve affordability for renters. The main provisions of the act include:

  1. Banning Fees: The Act bans landlords and letting agents in England from charging tenants certain fees in connection with a tenancy. This includes fees for things like referencing, credit checks, inventory checks, and administration.
  2. Security Deposits: The Act caps the security deposit that tenants can be required to pay to the equivalent of five weeks’ rent (if the total annual rent is less than £50,000) or six weeks’ rent (if the total annual rent is £50,000 or more).
  3. Holding Deposits: It also limits holding deposits to one week’s rent and outlines conditions under which these deposits must be returned to tenants.
  4. Utilities and Council Tax: Landlords are no longer allowed to require tenants to use a specific utility provider or to pay fees associated with council tax.
  5. Enforcement: The Act gives tenants the ability to recover unlawfully charged fees, and local authorities have the power to impose fines on landlords and agents who breach the legislation.

This act was introduced to create more transparency and fairness in the rental market, ensuring that tenants are not faced with unexpected and unaffordable fees when renting a property. It applies to assured shorthold tenancies, tenancies of student accommodation, and licences to occupy housing in the private rented sector in England. It does not apply to properties in Wales, Scotland, or Northern Ireland, as they have their own legislation regarding tenant fees.

Deregulation Act 2015

The Deregulation Act 2015 is a piece of legislation in the United Kingdom that came into force on October 1, 2015. Its main purpose is to reduce burdens on businesses, charities, and public authorities by removing or reducing regulatory requirements. The Act encompasses various areas, including housing, immigration checks, and consumer rights. Here are some key provisions of the Deregulation Act 2015:

  1. Tenancy Deposit Protection: The Act introduced changes to the rules regarding tenancy deposits for assured shorthold tenancies (ASTs) in England and Wales. It clarified and simplified the requirements for landlords to protect a tenant’s deposit in a government-approved scheme and provide prescribed information within a specific timeframe.
  2. Retaliatory Evictions: The Act includes provisions to prevent retaliatory evictions, where a landlord seeks to evict a tenant in response to a complaint about the property’s condition. It introduced restrictions on a landlord’s ability to serve a Section 21 eviction notice in certain circumstances where the tenant has raised legitimate complaints about the property.
  3. Smoke and Carbon Monoxide Alarms: Landlords in England are required to install smoke alarms on every floor of their property where there is a room used wholly or partly as living accommodation. Additionally, carbon monoxide alarms must be installed in rooms with a solid fuel burning appliance (e.g., a coal fire, wood burning stove). The Act clarified and reinforced these requirements.
  4. Health and Safety Regulations: The Act made amendments to the law regarding the enforcement of health and safety regulations in rented properties. It clarified the duties of landlords to ensure the safety of their tenants.
  5. Amendments to Consumer Rights Act: The Act made changes to the Consumer Rights Act 2015, which provides protections for consumers in various transactions. These amendments aimed to simplify and clarify consumer rights, particularly in relation to unfair terms in contracts.

The Deregulation Act 2015 was introduced as part of the government’s efforts to reduce unnecessary bureaucracy and make it easier for businesses and individuals to understand and comply with regulations. It covers a wide range of areas beyond housing, with the aim of promoting growth and efficiency in various sectors of the economy.

Immigration Act 2014 – Right to Rent

The Right to Rent scheme is a provision of the Immigration Act 2014 in the United Kingdom. This scheme requires landlords and letting agents in England to check the immigration status of prospective tenants to ensure they have the right to rent property in the UK. The scheme was introduced as part of the government’s efforts to tackle illegal immigration and prevent people from living in the UK without the necessary documentation.

Key points about the Right to Rent scheme under the Immigration Act 2014:

  1. Requirement: Landlords or their agents must check the immigration status of all adult tenants before the start of a new tenancy to ensure they have the right to rent in the UK.
  2. Document Checks: Landlords are required to obtain and retain copies of acceptable documents from each tenant that prove their right to reside in the UK. These documents could include passports, residence permits, or biometric residence permits.
  3. Timeframe: The checks must be carried out within 28 days before the start of the tenancy agreement.
  4. Penalties: Landlords who rent a property to someone who is not legally permitted to reside in the UK may face civil penalties, including fines of up to £3,000 per tenant.
  5. Exemptions: Some types of accommodation are exempt from the Right to Rent checks, such as social housing, student accommodation, and accommodation provided by the local authority.
  6. Discrimination: Landlords and agents must be careful not to discriminate against prospective tenants based on their nationality or ethnicity when conducting these checks. The checks should be applied to all prospective tenants equally.
  7. Landlord’s Obligation: Landlords are responsible for conducting the checks themselves or ensuring they are carried out by a reliable agent. If an agent is used, the landlord is still ultimately responsible for complying with the scheme.

The scheme was initially rolled out in a pilot phase in parts of the West Midlands in 2014 and later extended to the rest of England in February 2016. The government periodically updates guidance for landlords and agents on how to conduct the checks and which documents are acceptable.

It’s important for landlords and letting agents to stay informed about the requirements of the Right to Rent scheme to avoid potential penalties and ensure compliance with the law.

Housing Act 2004 – Tenancy Deposit Scheme

The Tenancy Deposit Scheme was introduced as part of the Housing Act 2004 in the United Kingdom. This legislation was designed to protect tenants’ deposits and ensure they are returned fairly and promptly at the end of the tenancy. The key purpose of the Tenancy Deposit Scheme is to prevent landlords from unfairly withholding deposits and to provide a mechanism for resolving disputes between landlords and tenants.

Here are the main points about the Tenancy Deposit Scheme under the Housing Act 2004:

  1. Deposit Protection: Landlords in England and Wales who take a deposit from a tenant for an assured shorthold tenancy (AST) must protect the deposit in a government-approved tenancy deposit protection scheme. These schemes ensure that deposits are safeguarded throughout the tenancy.
  2. Types of Schemes: There are 2 types of tenancy deposit protection schemes: a) Custodial Scheme whereby the landlord hands over the deposit to the scheme, which holds it throughout the tenancy. b) Insurance-based Scheme where the landlord keeps hold of the deposit but pays a fee to insure it with the scheme.
  3. Information to Tenants: Landlords must provide tenants with certain prescribed information regarding the deposit protection scheme being used within 30 days of receiving the deposit. This includes details about how the deposit is protected, how to apply for the deposit’s release, and what to do if there is a dispute.
  4. Dispute Resolution: If there is a dispute over the deposit at the end of the tenancy, the tenancy deposit protection scheme offers an alternative dispute resolution (ADR) service. This service helps landlords and tenants resolve disagreements without going to court.
  5. Penalties: If a landlord fails to protect a deposit in a scheme or provide the required information to the tenant, they may face financial penalties. The court can also order the landlord to repay the deposit to the tenant and can prevent them from serving a Section 21 notice for eviction until the deposit is repaid.

The Tenancy Deposit Scheme was introduced to address issues where some tenants were unfairly losing their deposits or facing difficulties in getting them back at the end of their tenancies. It aims to create a fairer rental market by providing safeguards for tenants’ money while also offering landlords a straightforward process for managing and returning deposits.

Gas Safety (Installation and Use) Regulations 1998

The Gas Safety (Installation and Use) Regulations 1998 is a set of regulations in the United Kingdom that aim to ensure the safe installation, maintenance, and use of gas systems and appliances in residential properties. These regulations impose duties on landlords, homeowners, and gas engineers to protect people from the risks associated with unsafe gas work.

Key points of the Gas Safety (Installation and Use) Regulations 1998:

  1. Landlord Responsibilities: Landlords who rent out a property with gas appliances must ensure that all gas fittings and flues are maintained in a safe condition. This includes conducting annual gas safety checks by a Gas Safe registered engineer.
  2. Gas Safety Checks: Landlords must arrange for a Gas Safe registered engineer to carry out an annual gas safety inspection on each gas appliance and flue. This inspection should be done before a new tenant moves in and annually thereafter. The landlord must provide the tenant with a copy of the gas safety record within 28 days of the check.
  3. Gas Safe Registered Engineers: Only engineers registered with the Gas Safe Register are legally allowed to work on gas appliances. It is illegal for anyone who is not Gas Safe registered to carry out work on gas installations or appliances.
  4. Records: Landlords must keep records of gas safety checks for at least two years. These records should include details of the appliances checked, any defects found, and the remedial action taken.
  5. Appliances Covered: The regulations cover all gas appliances, fittings, and flues provided for tenants’ use, such as boilers, gas fires, cookers, and water heaters.
  6. Penalties: Failure to comply with the Gas Safety (Installation and Use) Regulations can lead to serious consequences for landlords, including fines, imprisonment, or both. Additionally, if a landlord fails to carry out annual gas safety checks, they may also invalidate their property insurance.
  7. Tenant Safety: These regulations are in place to ensure the safety of tenants by reducing the risks of carbon monoxide poisoning, gas leaks, and explosions.

Overall, the Gas Safety (Installation and Use) Regulations 1998 are crucial for maintaining the safety of gas installations and appliances in residential properties. Landlords must comply with these regulations to protect tenants, occupants, and the property itself from the risks associated with faulty gas work.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 is a piece of legislation in the United Kingdom that came into force on October 1, 2015. These regulations were introduced to improve fire safety in residential rental properties and to reduce the risk of carbon monoxide poisoning. The regulations set out the requirements for landlords regarding the installation of smoke and carbon monoxide alarms in their rental properties.

Here are the key points of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015:

  1. Smoke Alarms: Landlords are required to ensure that a smoke alarm is installed on each storey of the property where there is a room used wholly or partly as living accommodation. This includes bathrooms and toilets, but excludes kitchens. The alarms must be interlinked where they are provided in multiple rooms.
  2. Carbon Monoxide Alarms: Landlords are required to ensure that a carbon monoxide alarm is installed in any room containing a solid fuel burning appliance (e.g., a coal fire, wood burning stove). If the solid fuel appliance is in a room used wholly or partly as living accommodation, the alarm must be installed in that room.
  3. Responsibilities: The regulations place the responsibility on landlords to ensure that the alarms are in proper working order at the start of each new tenancy. If a tenant reports that an alarm is not working during the tenancy, landlords are required to ensure it is repaired or replaced as soon as possible.
  4. Testing and Maintenance: Landlords are advised to regularly test the alarms to ensure they are in working order. The government recommends testing alarms monthly. Landlords are responsible for maintaining the alarms throughout the tenancy.
  5. Exemptions: The regulations do not apply to social housing landlords, registered providers, lodgers, tenants sharing accommodation with the landlord, or long leases.
  6. Penalties: Failure to comply with the regulations can result in financial penalties of up to £5,000.
  7. Enforcement: Local housing authorities have the power to enforce these regulations and can issue remedial notices to landlords if they fail to comply.

These regulations were introduced to improve fire safety and reduce the risks associated with smoke inhalation and carbon monoxide poisoning in rental properties. Landlords are required to take proactive steps to ensure that the necessary alarms are installed and maintained in their properties, protecting the safety and well-being of their tenants.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 is a piece of legislation that came into force on June 1, 2020. These regulations were introduced to ensure the safety of electrical installations in privately rented properties in England. They set out the obligations for landlords regarding the inspection, testing, and maintenance of electrical installations in their rental properties.

Here are the key points of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020:

  1. Electrical Installation Inspection: Landlords are required to ensure that the electrical installation in their rented properties is inspected and tested by a qualified person at least every five years. The inspection and testing must result in an Electrical Installation Condition Report (EICR), which provides an assessment of the safety of the electrical installations. Landlords must obtain a report from the person conducting the inspection and provide a copy to the tenant within 28 days of the inspection. If the EICR identifies any remedial work or further investigation necessary, landlords must ensure that the work is completed within 28 days or the timeframe specified in the report.
  2. New Tenancies: For new tenancies that began on or after July 1, 2020, landlords must ensure that the electrical installation meets the electrical safety standards before the tenancy begins. This includes providing a copy of the most recent EICR to the new tenant before they occupy the property.
  3. Existing Tenancies: For existing tenancies that were in place before July 1, 2020, landlords must ensure that the electrical installation meets the electrical safety standards by April 1, 2021. This means obtaining an EICR and providing a copy to the tenant if requested.
  4. Local Authority Notification: Landlords must provide a copy of the EICR to the local housing authority within 7 days of receiving a request from the authority.
  5. Enforcement: Local housing authorities have the power to enforce these regulations and can issue remedial notices to landlords if they fail to comply. If a landlord does not comply with a remedial notice, the local authority can arrange for the necessary remedial work to be carried out and recover the costs from the landlord.
  6. Exemptions: Some exemptions apply, such as where the property is occupied under a lease of 7 years or more, social housing, student halls of residence, hostels, and refuges.
  7. Penalties: Landlords who fail to comply with these regulations can face financial penalties, which can be up to £30,000.

These regulations were introduced to improve the safety of electrical installations in privately rented properties and to ensure that tenants are protected from the risks associated with faulty electrical systems. Landlords are required to take proactive steps to ensure that their properties meet the electrical safety standards, including obtaining EICRs and carrying out any necessary remedial work within the specified timeframes.

Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 is a piece of legislation in the United Kingdom that sets out safety standards for furniture and furnishings to reduce the risk of fire in domestic properties. These regulations were introduced to improve fire safety in homes by ensuring that furniture, upholstery, and furnishings meet certain fire safety standards.

Here are the key points of the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993:

  1. Scope: The regulations apply to domestic upholstered furniture, sofas, beds, headboards, mattresses, cushions, and other soft furnishings. They also apply to furniture supplied as part of a furnished rented property.
  2. Requirements: Upholstered furniture and furnishings must meet specific fire resistance standards. This includes the filling materials used in furniture and the cover fabric. The regulations specify that the materials used must be resistant to ignition, cigarette smouldering, and match flame.
  3. Labelling: Furniture that complies with the regulations must display a permanent label to indicate that it meets the required fire safety standards. The label should include details such as the supplier’s name, batch reference number, and compliance with the relevant fire safety regulations.
  4. Exemptions: Some specific types of furniture are exempt from the regulations, such as antique furniture made before 1950. Furniture and furnishings supplied for use in non-domestic settings, such as offices and hotels, are also exempt.
  5. Responsibilities: The regulations place responsibilities on manufacturers, suppliers, and landlords to ensure that the furniture they provide meets the required fire safety standards. Landlords must ensure that all upholstered furniture and furnishings they provide in rented properties comply with the regulations.
  6. Penalties: Failure to comply with the regulations can result in penalties, including fines and imprisonment for up to six months.

These regulations are designed to improve fire safety in homes by reducing the risk of ignition and spread of fire from upholstered furniture and furnishings. Landlords are responsible for ensuring that the furniture they provide in rental properties meets the required fire safety standards and displays the appropriate labels to indicate compliance. This helps to protect the safety of tenants and reduce the risk of fire-related incidents in domestic properties.

Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2008

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2008 is a piece of legislation in the United Kingdom that requires certain buildings to have an Energy Performance Certificate (EPC) when they are sold, rented, or constructed. The purpose of these regulations is to improve the energy efficiency of buildings and reduce carbon emissions.

Here are the key points of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2008:

  1. Energy Performance Certificates (EPCs): An Energy Performance Certificate (EPC) provides information on a building’s energy efficiency. It rates the energy efficiency of a property on a scale from A (most efficient) to G (least efficient). The certificate also provides recommendations for improving energy efficiency.
  2. When is an EPC Required: Selling a property: When a property is put on the market for sale, the seller must commission an EPC. Renting a Property: Landlords must provide an EPC to prospective tenants when a property is rented out. Constructing a Building: New buildings must have an EPC upon completion
  3. Validity: An EPC is valid for 10 years, after which a new one must be obtained if the property is being sold or rented out.
  4. Exemptions: Some buildings are exempt from the requirement to have an EPC, including: Listed buildings where compliance with certain energy efficiency measures would unacceptably alter their character or appearance. Temporary buildings with a planned time of use of two years or less. Buildings used solely for religious activities. Stand-alone buildings with a total useful floor area of less than 50 square meters.
  5. Displaying EPCs: If a building is for sale or rent, the seller or landlord must ensure that the EPC is available to prospective buyers or tenants. This usually means making the EPC available in any advertisements.
  6. Penalties: Failure to comply with the regulations can result in penalties, including fines.
  7. Improvement Recommendations: The EPC includes recommendations for cost-effective measures to improve the building’s energy efficiency, such as installing loft insulation, upgrading heating systems, or using energy-efficient lighting.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2008 plays a significant role in promoting energy efficiency and reducing carbon emissions from buildings. It provides valuable information to property owners, buyers, and tenants about the energy performance of buildings and encourages the implementation of energy-saving measures.

Energy Efficiency (PRS) (England and Wales) Regulations 2015

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 is a piece of legislation in the United Kingdom that aims to improve the energy efficiency of privately rented properties. The regulations were introduced to help achieve the government’s targets for reducing carbon emissions and improving energy efficiency in the private rental sector.

Key points of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015:

  1. Minimum Energy Efficiency Standard (MEES): The primary focus of these regulations is the Minimum Energy Efficiency Standard (MEES). Under MEES, landlords of privately rented domestic and non-domestic properties in England and Wales must ensure that their properties meet a minimum energy performance rating of E on an Energy Performance Certificate (EPC).
  2. Scope: The regulations apply to privately rented properties that are let on specified tenancy types, including assured tenancies, assured shorthold tenancies, and regulated tenancies. The regulations also cover domestic and non-domestic properties.
  3. Exemptions: Landlords may be exempt from the MEES requirements in certain circumstances, such as: If they can demonstrate that all cost-effective energy efficiency improvements have been made, but the property still does not meet the minimum EPC rating. If making the required improvements would reduce the property’s value by 5% or more. If third-party consent is required for the improvements (e.g., from a tenant, local authority, mortgage lender), and this consent cannot be obtained.
  4. Compliance: Landlords must ensure that their properties comply with the MEES requirements at the start of a new tenancy or renewal of an existing tenancy. There are financial penalties for non-compliance.
  5. Improvement Recommendations: Similar to standard Energy Performance Certificates (EPCs), the MEES regulations also provide recommendations for cost-effective energy efficiency improvements that landlords can make to their properties.
  6. Enforcement: Local authorities are responsible for enforcing the regulations. They have the authority to issue fines for landlords who fail to comply with the MEES requirements.
  7. Phasing: The MEES regulations were phased in over time:
  • From April 1, 2018: The regulations applied to new lets and renewals of tenancies.
  • From April 1, 2020: The regulations extended to cover all existing tenancies, meaning all privately rented properties had to comply with MEES.

These regulations are an important part of the government’s strategy to improve energy efficiency in the private rental sector, reduce carbon emissions, and tackle fuel poverty. Landlords are encouraged to make energy efficiency improvements to their properties to meet the MEES requirements and provide more comfortable and cost-effective homes for their tenants.