Deposits must be placed in A Tenancy Deposit Scheme.
Any deposit funds must be placed in one of the designated government backed TENANCY DEPOSIT SCHEMES. The deposit must be registered within 30 working days of the tenancy commencement or the deposit being received (whichever is the soonest). Failure to do so is a criminal act and make you liable for a fine of up to three times the deposit. Failure to do this will invalidate a Section 21 Notice which you wish to serve later on.
As part of the registration Prescribed Information must be given.
DEREGULATION ACT 2015
- Energy Performance Certificates (EPC)
- Tenancy Deposit Protection
- Section 21 notices and disrepair issues.
To serve a Section 21 you must prove these documents were provided at the commencement of the tenancy. (Tenancies commencing on or renewing after 1st October 2015) :-
- With a valid EPC
- Current Gas Safety Certificate
- “How to Rent” Guide
- Deposit has been registered, information leaflet and prescribed information given.
Any reported repairs issues (in writing) the landlord must respond within 14 days. If no repair is made and ten tenant reports the matter to the local authority this could prevent a section 21 being issued.
ENERGY PERFORMANCE CERTIFICATE (EPC)
All landlords need to provide tenants with an EPC.
An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and I valid for 10 years.
From April 2018 landlords with an EPC with a rating of F-G will not be able to let to someone else or renew a contract until it is bought up to an E rating.
When advertising a property the advert must contain the EPC rating and SAP rating where the EPC is available.
Proof that the EPC has been given to the tenant is now required. Failure to do so may invalidate a Section 21 notice you may wish to secure later on.
GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1998
All checks must be carried out by a Gas Safe registered engineer.
You must ensure an annual safety check is carried out on each gas appliance/flue. You must ensure that these checks have been carried out within one year before the commencement of the tenancy.
Keep a record of each safety check for at least 2 years.
Continue these checks each 12 months.
Failure to do so may result in loss of life. In addition you risk being prosecuted, facing imprisonment or a fine of up to £20000 for each offence.
RIGHT TO RENT
Requires landlords to check I.D. of all prospective adult occupiers, whatever their nationality.
Original documents must be seen so that they can prove they can live in the U.K. for example a biometric residence permit or a birth certificate with a council tax bill.
Check that the documents give them the Right to Rent your property.
The documents must be genuine and belong to them, the tenants must be present. Make copies and keep them. Record and date that you made the check.
If you rent your property to someone who is not allowed to rent a property in England you can be fined up to £3,000.
You must do a follow up check to make sure your tenant can still rent property in the U.K. if there is a time limit on their permission to stay.
Landlords! Does GDPR (General Data Protection Regulations) effect you?
We were recently at a landlord seminar with over 120 landlords present. A question was put to them ‘do you hold data on your tenants? Do you hold a telephone number, an email address or maybe even bank details?’ Of course you do, you are a landlord this is the basic information you need to set up a tenancy.
You are therefore required to have a Data Policy in place, you need to explain what information you hold, how you hold it and what you do with that information and how it is protected.
Do your homework, have a GDPR policy in place. Don’t get caught out