Legislation for Landlords page 2

Legislation for Landlords

by Hurford Salvi Carr

September 2015
The Deregulation Act 2015 Preventing Retaliatory

The aim of the Housing and Development section of the Deregulation Act 2015 is to encourage landlords to keep their property in a decent condition and prevent tenants from feeling unable to complain about poor or unsafe property conditions because they fear eviction. The Act introduces new rules designed to prevent retaliatory evictions whereby a landlord evicts a tenant by the use of the Section 21 procedure simply because they have made a legitimate complaint about the condition of the property.

The new rules restrict a landlord’s ability to serve a Section 21 Notice to recover possession of their property if:

  1). The tenant has made a written complaint to the landlord or agent about the condition of their property or any common parts of the property(hallways, stairs, and gardens) which tenants have the right to use.

  2). The landlord or their agent has not provided an adequate written response within 14 days or responded by serving a Section 21 Notice. An adequate response is one that is in writing and provides a description of the action that the landlord or agent proposes to take to address the complaint and the time-scale in which they plan to do this.

  3). After no adequate written response was received the tenant then complains to the relevant local authority who have decided to serve a Relevant Notice in respect of the property or have carried out emergency remedial action themselves using their powers under HHSRS – the Housing Health and Safety Rating System.

Regulations for the installation of smoke and carbon monoxide alarms for landlords

On 11 March 2015 the Housing Minister announced that landlords would be required to install and check smoke and carbon monoxide alarms in their properties. This is part of the Government’s plans to create a bigger, better and safer private rented sector. New regulations were passed by both Houses of Parliament on Monday 14 September 2015.

The Government has introduced the Smoke and Carbon Monoxide Alarm Regulations (2015) to make landlords in the private rented sector in England responsible for ensuring that smoke and carbon monoxide detectors are appropriately installed and are in proper working order at the start of a new tenancy. The Regulations effect England only and come into force on 1st October 2015.

Updates to Gas Regulations –Danger Do Not Use Notices

Gas Safe registered engineers have a responsibility to advise landlords when they find dangerous gas installations in a property. Their actions are determined by the requirements of the Gas Safety (Installation and Use) Regulations 1998 and the guidance given in the Gas Industry Unsafe Situations Procedure (GIUSP). When a Gas Safe registered engineer has identified a gas related danger in the property they will attach a warning label to the dangerous gas fitting and provide landlords with a warning notice.

Following a recent enquiry, the GIUSP has determined that any gas installation in a property considered ‘Immediate Danger’ (if operated or left connected to a gas supply, it is considered to be an immediate danger to life or property) and ‘At Risk’ (where one or more recognised faults are present which could constitute a danger to life or property without further faults developing) will now be given a single Danger Do Not Use warning message. The aim is to make it clearer and simpler for users to understand when appliances must not be used.

Residential Research
Why Hurford Salvi Carr
professional bodies logos

Our Professional Bodies

Valuations for landlords
alt tag goes here
alt tag goes here
Residential lettings
Property Management
 or Clear