Letting Legislation Updates
Letting Legislation Updates
New Legislation and Renters’ Reform
Updated smoke and carbon monoxide alarm regulations have been passed and come into force on the 1 October and the renters’ reform white papers has finally been launched, explaining the government’s tenancy reform plans.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015 It has been a legal requirement since 1 October 2015, for all tenancies in England to have a smoke alarm on every floor that is used wholly or partly as living space. It was also a requirement to have a carbon monoxide alarm in any room that had a solid fuel burning appliance.
A landlord is required to ensure they are working the day the tenant is entitled to occupy the property.
New Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 From 1 October 2022, a landlord must now also ensure there is a carbon monoxide alarm in every room that has a fixed combustion appliance (excluding gas cookers).
The guidance describes a gas cooker as any apparatus that is heated by gas and is used for cooking food.
If a tenant reports an alarm as not working, a landlord can request the tenant change the batteries, however, it would be a landlord’s responsibility to repair or replace a faulty alarm.
A carbon monoxide alarm should be placedclosetothepotentialsourceof carbon monoxide.
Renters’ Reform – Tenancies
The most oft quoted part of these proposals is the abolition of section 21 notices. However, in truth, the proposals are more wide ranging. For example, the Department of Levelling Up, Housing and Communities have suggested, all tenancies will be periodic from the outset. A tenancy must be in writing and a tenant would be required to give two months’ written notice, instead of one month currently.
They are also proposing that if rent is paid upfront, and a tenant ends the tenancy before the end of the upfront rent period, then the excess rent would need to be repaid back to the tenant.
Their proposals change the rent increase rules that currently exist and rent would only be allowed to be increased annually. Rent increase clauses would not be allowed in the tenancy agreement, so the only way a rent increase could be achieved would be by serving a section 13 notice, proposed to be a minimum of two months’ notice.
Renting a “non-decent home” is proposed to be added to the list of offences for which a tenant may seek a rent repayment order. A tenant may also be able to leave if the property is deemed as a non-decent home.
Removal of section 21
It is proposed to remove section 21 but as the vast majority of tenancies end because the tenant chooses to leave, will this really be such a problem? What is critical is what alternative grounds will be available to landlords to seek possession. There are proposals to add, remove and change the grounds available for section 8 notices. There are also suggestionsthecourtprocessshould work better too to maintain a fair balance between the rights of the parties.
Sale of a Property
One example of a new ground would be where the landlord wished to sell the property. To avoid this being abused, the proposal is that the property could not be re-let for a period of three months if possession was sought on this ground. This would not affect those genuinely selling, but would deter using this ground without intention to sell.
Rent Arrears
Rent arrears is an example of a ground where some changes have been proposed. The current notice period is two weeks and it is proposed that this is increased to four weeks.
It will also include a new ground that if the tenant is in two months’ rent arrears, three times or more in a three year period, even if the arrears are cleared, a landlord could claim possession. It is not clear how this ground might work. For example, would serving notice be sufficient or would the landlord have to have made the court application, where the tenant avoided a possession order by bringing the arrears under the threshold?
Winter Lets
This is where a property let to holiday makers in the summer is let over the winter. This ground appears to be being removed and this could lose these properties from the market (bearing in mind the loss of section 21 as well).
All these are currently proposals so time will tell what actually happens.
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Added: 25th November 2022
