Brighton Sunset

Changes have been made that Landlords need to be aware of - action must be taken to ensure compliance.

Under the Deregulation Act 2015 for ASTs starting from 01.10.15 a landlord must at the start of each fixed term of the tenancy:

  1. Provided the tenant with an energy performance certificate free of charge.
  2. Provided the tenant with a gas safety certificate.
  3. Provided the tenant with a copy of the most up to date  Department for Communities and Local Government’s: How to rent: The checklist for renting in England.

For ASTs starting from 01.10.15;

  1. Landlords can only serve a s221 notice after 4 months have passed from the first tenancy
  2. The new prescribed form of s21 notice must be served 
  3. The s21 lasts only 6 months from when it is served
  4. If a Health and Safety notice has been given by the local authority no s21 can be served.

The changes also restrict the landlord’s ability to rely on a notice ending a tenancy under section 21 if a tenant:

  1. Has made a written complaint to the landlord about the condition of the premises or common parts before a section 21 notice is given; and
  2. The landlord has not responded, or the response is inadequate, or it then serves a section 21 notice.
  3. The landlord must respond within14 days saying what he intends to do about the compliant and by when. Failing that the tenant can complain to the local authority to inspect when it can;
    • Serve a remedial notice
    • Carry out emergency remedial action

Also by 01.10.15, premises occupied under an AST must have:

  1. A smoke alarm on each floor of the premises on which there is a room used wholly or partly as living accommodation.
  2. A carbon monoxide alarm in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance.

The regulations state that the detectors must be checked by or on behalf of the landlord to ensure that each alarm is in proper working order on the day the tenancy begins if it is a new tenancy. 

Fitzhugh Gates Solicitors Comment

Keeping up to date with legislation and understanding how changes affect your affairs is a fact of business life and consulting with an expert local solicitor can make all the difference.

Julian Cioffi - Managing Partner

Important guidance on articles published by Fitzhugh Gates Solicitors

Articles published through this website contain only general advice and are not intended as professional counsel and should not be used as such.

If you require specific advice on a particular issue or problem highlighted by this article, then please contact Fitzhugh Gates, the Solicitors for Brighton and Hove and Shoreham-by-Sea. 

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