The law relating to renting your residential property keeps changing all the time and failing to keep up to date with the latest regulatory requirements can have serious and costly consequences for the Landlord. Following these steps will help you ensure that you do not fall foul of the regulations and find yourself in a corner when it comes to obtaining possession of your property.
The Tenancy Agreement – Practical Matters
House in Multiple Occupation (HMO)
If your property qualifies, it must be registered as a HMO before you can serve a section 21 Notice requiring possession of the property. Please note that local authorities can opt out of the permitted development rights relating to HMOs so please check the requirements of the local authority.
The Tenancy Deposit
If you are taking a deposit, you must ensure that it is protected in a Government backed tenancy deposit scheme within 30 days of receipt of the deposit. You must also give your tenant certain “prescribed information” in writing and serve a copy of the Tenancy Deposit certificate.
Failure to take the appropriate steps will mean that:
Further information can be found on https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants
In some circumstances, you may be required to re-protect the deposit and re-serve the prescribed information every time you renew your tenancy agreement.
Serving Other Prescribed Information
You must provide your tenant with the following documents prior to them entering into the tenancy:
If you fail to do so, you will not be able to serve a section 21 Notice requiring possession of your property until such time as you have complied with the requirements. Please be aware that you may not be able to rectify the position in this manner if you did not obtain the certificates prior to the time of letting in the first place.
Please be aware that you must obtain a new Landlord Gas Safety Certificate within 12 months of the previous certificate and serve this on the tenant within 28 days of the date of the certificate. You are under an obligation to carry out electricity checks every 5 years and serve the new electrical certificate within 28 days of receipt.