KEY CHANGES TO LANDLORD LEGISLATION

Another year, another host of legal changes are on the horizon for the rental market in 2021. This coming year is likely to bring slightly more change than most for landlords. COVID-19 has cast a significant shadow over the property market, and of course, the economy as a whole.

Many landlords have felt obliged to lower rents, while others have struggled to evict anti-social or non-paying tenants due to the ban on evictions.

No matter what the future brings, our list of key dates for 2021 will help you stay one step ahead of the curve.

Electrical Installation Certificate Report

Key Date: 1st April 2021

(EICR) Electrical installation condition reports are now a key part of electrical safety, Landlords have the responsibility to ensure that a tenanted property has an electrical installation that is safe to use by its tenants.

There will be a legal onus on all landlords to have a electrical installation condition report in place. They will have to be able to provide this to the tenant, managing agent or local authority within 30 days should they ask. The government have also laid down the law that all existing tenancies will require a EICR report by April 2021.

If you do not have the correct (EICR) electrical condition report in place for new tenancies from April 2020 and existing tenancies in April 2021, the government can impose large fines.

Eviction Notice's

Key Date: 31st March 2021

Tenants in England facing eviction had been granted a notice period extension from three months to six in new government legislation. This applied to notices being served to both private and social tenancies from 29 August. From the 31st March 2021 the new notice period will revert back to a 3 month period.

However applying for evictions and obtaining a warrant of possession may still be a lumber some process as the courts try to shift a backlog of applications from August last year.

Please note that Section 21 of the Housing Act 1988 allows landlords to end assured shorthold tenancies (AST) without having to give a reason, provided the correct procedure is followed and proper notice is given. If you are unsure of what the correct procedure is you can always give us a call for further advice.

Right To Rent

Key Date: TBC

With the noise around Brexit an incessant cacophony, for landlords there may be some key changes to the Right to Rent checks that are currently a legal requirement pre-tenancy. However, as most things Brexit related, it is not that simple...

The government issued Brexit guidance for letting agents and landlords earlier this year that said there would be no change to the way EU, EEA and Swiss citizens prove their right to rent until 1st January 2021.

This remains the same if the UK leaves the EU with or without a deal. You do not need to check if new EEA and Swiss tenants arrived before or after the UK left the EU, or if they have status under the EU Settlement Scheme or European temporary leave to remain. You will not need to retrospectively check the status of EU, EEA or Swiss tenants or their family members who entered into a tenancy agreement before 1st January 2021.

It’s not yet clear what the process will be after 1st January 2021.

Key Changes to Legislation You Might Have Missed

A new How To Rent Guide was published on December 2020. This is a critical document that both letting agents and landlords have to issue to tenants. This is more than just a bureaucratic nicety, as failure to serve the most up to date guide invalidates any future Section 21 action and therefore a potential eviction route for troublesome tenants. Ensure the document is served via a hard copy (no emails)) and you have evidence of when and how it was served.

We would also like to bring your attention that the Minimum Energy Efficiency Standard (MEES) introduced a minimum energy efficiency level for all domestic private rented properties in England and Wales from April 2020. Properties are now required to have a valid Energy Performance Certificate (EPC) rating of A-E. If the rating is is F or G, landlords must take appropriate steps to comply with the requirements of the MEES regulations, and bring the property up to the required levels. Failure to do so could result in large fines.

RENTAHOLICS offers landlords a fully managed service to take some of these worries away, and help you manage your compliance and communications with the local authorities. We are also able to hold certificates, reports and insurances securely for you and help you arrange any work needed to get your property up to the required standards. Our blog posts are the perfect place to find out about key legislation changes affecting your rental property so please visit regularly and receive updates aimed to make your property portfolio, however big or small, work for you.