Private rented sector updates
The Government has produced some guidance on the possession process: Understanding the possession action process: guidance for landlords and tenants.
Electrical safety checks
Private Landlords must ensure every electrical installation in their residential premises is inspected and tested at intervals of no more than five years by a qualified and competent person.
These Regulations apply to all tenancies from 1st April 2021
Breathing Space regulations
A scheme has been brought in that will ban banks and landlords from chasing tenants for unpaid debts, by offering them a period of time to try to find a solution to their financial problems.
Right to Rent: What landlords need to know
Landlord's guide to right to rent checks
Tenant fees Act
From 1 June 2020, all fees were banned, no matter when the Tenancy Agreement was signed unless they are permitted fees.
- Tenant Fees Act update
- Tenant Fees Act 2019: Guidance for landlords and agents
- Deposit Cap calculator
Fitness for Human Habitation Act
This Act came into force on 20 March 2019. It is designed to ensure that all rented accommodation is fit for human habitation and to strengthen tenants’ means of redress against the minority of landlords who do not fulfil their legal obligations to keep their properties safe.
Minimum Energy Efficiency Standards
Since 1 April 2020, landlords can no longer let or continue to let properties covered by the MEES Regulations if they have an EPC rating below E, unless they have a valid exemption in place.
Settled status for EU citizen families
From 31 December 2020, EU citizens who wanted to stay in the UK, they and their close family members must apply for the UK Government’s EU settlement scheme.
Gas safety
Amended gas safety rules, surrounding annual gas safety checks came come into force from 6 April 2018.
Houses in Multiple Occupation (HMO) regulations
From 1 October 2018 the criteria for a licensable HMO changed to remove the 3 storey requirement. This means that any property, regardless of the number of storeys, that is let to five or more people, in two or more households, who also share some amenities such as bathroom/kitchen facilities, will require a HMO licence from the local authority.
Nuneaton and Bedworth Borough Council will be able to accept licence applications for both Nuneaton and Bedworth and North Warwickshire based properties.
If you have a property that you believe may require a licence or require clarification on whether your property falls within the new licensing criteria please contact the Private Sector Housing Team on 02476 376406.
Tax information for landlords
General data protection regulation (GDPR)
Data protection has changed dramatically with the introduction of the GDPR, and the housing sector needs to be aware of the implications.
Landlords and letting agents who handle and process personal data from tenants will need to understand their new responsibilities under the regulation.
Below are some links to further information on GDPR:
Information Commissioners Office (ICO)
How to Comply with GDPR – A landlord Guide
NRLA - Reminder from the ICO for landlords
Rogue landlord database
The rogue landlord database records landlords and agents that are subject to a banning order or have committed a banning order offence.
Under the Housing and Planning Act 2016, a local housing authority must make an entry on the database where a landlord or property agent has received a banning order. They have the discretion to make entries where a landlord or property agent has been convicted of a banning order offence or has received two or more civil penalties within a 12-month period.
Its purpose is to support local authorities in enforcement action and prevent ‘rogues' from moving operations between local authority areas to circumvent the law. Local authorities are responsible for adding entries to the database and have a duty to include anyone who has been given a banning order.
Only local authorities can make entries to the database and can see who is listed on the current rogue landlord database. This is used for example to check before we provided funding for clients to secure accommodation.