October has seen a raft of changes for landlords. From 1st October one of the new laws which came into force, requires all private landlords must now ensure that their rental properties have fitted, working and tested smoke detectors on all floors and a carbon monoxide detector where solid fuels are used. It is best practice to have a CO detector regardless of what fuel type. You would be advised to check and make sure that you are complying with these requirements or you could face up to a £5,000.
Pre Conditions of new Section 21 notice
Landlords are advised that in accordance with the Deregulation Act 2015, changes to section 21 of the Housing Act 1988 came into effect on 1st October 2015. All tenancies created on or after 1st October landlords must issue the following to enable serving a section 21 notice.
- A copy of the Energy Performance Certificate relevant to the property
- A current gas safety certificate
- or A copy of the Department of Communities and Local Government’s How to Rent Guide to the tenant.
The Section 21 notice will also be invalid if the landlord is
- carrying out a “retaliatory eviction”
- has failed to properly protect any deposit and
- the property requires a licence but is unlicensed
A Section 21 Notice cannot validly be served in the first four months of an assured shorthold tenancy. New forms for section 21 notices will be required to serve notice for all tenancies that start on or after 1st October 2015. Old forms are still valid for tenancies prior to 1st October up to 1st October 2018.