The Government has now opened its consultation on reforming possession in England. The proposals will prevent the creation of new assured shorthold tenancies in England, preventing landlords from issuing a Section 21 notice for new tenancies.
In an attempt to mitigate some of the issues identified in the RLA's research, they propose to create or amend a number of Section 8 grounds and tweak the way the current court system works.
The RLA welcomes any improvements to Section 8 and the court process but the consultation falls some way short of providing landlords with the confidence they can regain possession of their property in legitimate circumstances.
To have your voice heard on these proposals visit our campaigns page.
Start of Tenancy Checklist
For new tenancies that start on or after October 1st 2015, landlords are required to provide a number of additional documents or they will lose their rights to serve Section 21s. In addition to this they face fines of up to £5000 if they do not check that the required smoke and carbon monoxide alarms are working at the start of the tenancy.
Landlords now need to provide the following at the outset of a tenancy:
- Gas Safety Certificate
- Energy Performance Certificate
- How to rent: The checklist for renting in England
- Smoke alarms have been fitted on every floor. They have been checked and are in working order at the outset of the tenancy.
- Confirmation that carbon monoxide alarms are fitted in every room with a solid fuel burning source. They have been checked and are in working order at the outset of the tenancy.
- Confirmation that the deposit has been protected if already paid
- Confirmation that the prescribed information for the deposit scheme has been provided
- Privacy notice in line with GDPR compliance
In addition, landlords need to check the right to rent status of any occupiers moving into a property from February 1st 2016. This must be done before the tenancy is signed and records should be kept for all the documents checked. For further details, please see our right to rent guidance.
To assist landlords in remaining compliant with the law and to make it easier to show proof of this compliance, the RLA has provided a downloadable checklist for the landlord and tenant to sign at the start of the tenancy to show all the necessary checks and documents have been provided.
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