Karen Bright from Bishop & Sewell LLP advises.
When entering into an Assured Shorthold Tenancy (“the AST”), a landlord must make sure that it fulfils certain obligations imposed on it by legislation.
With the recent changes in immigration law, the Immigration Act imposes new obligations on landlords and in some circumstances, agents, to check that the person they are letting a property to is entitled to be in the UK. A failure to comply can result in the landlord or agent being liable for a fine of up to £3,000. A landlord or agent must ascertain whether a prospective tenant or occupier has the “right to rent” premises before granting a tenancy. In addition, there is a more onerous obligation to make sure that that right does not lapse. To comply a landlord should obtain, verify and retain a copy of prescribed documents. If a landlord or agent is unable to obtain prescribed documents it should apply for a Positive Right to Rent Notice from the Landlord Checking Service.
There are now additional duties placed on a landlord to comply with Health & Safety Regulations. The landlord must have installed a smoke alarm on each floor of living accommodation and a carbon monoxide alarm where there is a solid fuel burning appliance, which is most likely to be where there is a coal or wood burning fire. A failure by a landlord to do so may result in a penalty of up to £5,000. There is also a requirement on the landlord, managing agent, or other representative, to check that the alarms work at the start of each letting. The ongoing responsibility for checking the alarms are working is with the tenant. The requirement to check the alarms is to ensure that they are in a proper working order on the day the tenancy begins if it is a new tenancy. Gas and safety checks must be done every 12 months by a Gas Safe registered engineer. The landlord must also ensure that any furniture and electrical equipment they provide meets safety standards.
At the start of the tenancy, a landlord must register the tenant’s deposit and provide evidence of this shortly after this within 30 days of the start of the tenancy. This would include the details as to where the deposit is held. Failure to do so may result in a landlord paying a fine of up to three times the deposit and may prevent the landlord serving a Section 21 Notice bringing the tenancy to an end. If the tenancy continues at the end of a fixed term, there is no requirement for the deposit to be re-protected, assuming the deposit remains covered in the existing scheme.
The landlord must also be aware that it will have difficulties serving a section 21 Notice if, prior to the service of that Notice, a tenant has made a complaint in writing to the landlord or the relevant local housing authority regarding the condition of the property and the landlord has not adequately responded to the complaint.
The following must also be provided to the tenant at the start of the tenancy:
- an Energy Performance Certificate;
- a gas safety certificate (if applicable), and
- a copy of “how to rent” guide which is available at here.
It is advisable to keep copies of all communications with the tenant and the documents sent. Failure to comply with the above may create difficulties for the landlord if it wishes to evict the tenant at a later stage.
Should you require advice on granting a residential tenancy or bringing it to an end then please contact Karen Bright of Bishop & Sewell LLP who has substantial experience in this area.
Karen Bright is a Partner in the Dispute Resolution Team at Bishop & Sewell LLP.
Tel: 020 7631 4141 / Email [email protected].
