As landlords and lettings agents know, they should provide the current ‘How to rent: a checklist for renting in England’ (the ‘Guide’) to tenants at the outset of a new or renewal tenancy. An updated version of the Guide is expected today…   Updates The Guide has been updated to reflect recent legal changes, including the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (the requirement for carbon monoxide alarms to be fitted in every room with a fixed fuel burning appliance), and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (t ..read more

  The Supreme Court has ruled that Rent Repayment Orders (‘RROs’) cannot be made against a superior landlord. This is great news for those who find their property has been unknowingly sublet…   The Facts The superior landlord was Mr Rakusen, the leaseholder of a flat in North London. In May 2016, he granted a tenancy to Kensington Property Investment Group Ltd (‘KPI’). KPI then entered into separate agreements with Mr Jepsen and others (the tenants), granting them each possession of one room of the flat. As a result, the flat was deemed a house in multiple occupation (‘HMO’), which t ..read more

  Sometimes landlords will need to obtain a license from the local authority, not only when the property is an HMO, but also when the authority puts a selective licensing scheme in place… Failure to obtain a license when required is problematic as the landlord can be punished by service a penalty notice or proceedings by the local authority. And, of course, failure to have a licence will render any section 21 notice invalid! The Upper Tribunal has recent made an important decision which should alert landlords in the case of Gateshead MBC v City Estate Holdings.   The Facts The landlo ..read more

  It is usual (and perfectly acceptable) for a landlord to seek to increase the rent for a property. There are different ways to do this, depending on whether the tenancy is within the fixed term or has become periodic and whether the tenancy agreement specifies how rent can be increased. For periodic tenancies where there is no valid mechanism for a rental increase within the written agreement, a recent case provides a warning to landlords to get it right or suffer the consequences… On 01/02/2023, in Mooney v Whiteland [2023] EWCA Civ 67, the Court of Appeal made a decision which is bind ..read more

  Landlords and lettings agents are no doubt aware of the numerous changes to the mandatory right to rent checks which were introduced in response to the COVID-19 pandemic. From tomorrow, the final change applies and there will hopefully be no more changes…   From 01/10/2022, you must carry out a prescribed check of a prospective tenant and any proposed occupiers’ right to rent. There are three options: 1. A manual right to rent check, i.e., in person, not virtually. 2. A right to rent check using Identification Document Validation Technology  (‘IDVT’) via the services of an ide ..read more

  The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on 01/10/2022, extending the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. The updated Regulations are coming into force without any transition period and must be complied with immediately.   At the moment the Regulations are that: 1. A smoke alarm must be installed on every story of the property used for living accommodation. 2. A carbon monoxide alarm must be installed in any room used as living accommodation where solid fuel is used. 3. All alarms must be tested on the first day o ..read more

  The answer is: the long-awaited Renter’s Reform White Paper*, which was (finally!) released yesterday. I have poured through all 43 pages of the White Paper and the accompanying 50-page consultation response** to update landlords on everything they want and need to know.   12-Point Plan Government have confined their agenda to deliver “a fairer, more secure, and higher quality Private Rented Sector” with their aim of “rebalancing the relationship between tenants and landlords” to a 12-point plan. The 12 points are: + To require privately rented homes to meet the Decent Homes Standa ..read more

  In yesterday’s Queen’s Speech – which set out government’s agenda for new laws to be introduced over the coming months – ministers again vowed to introduce a ‘Renters’ Reform Bill’ (the ‘Bill’). The Prime Minister’s Office has confirmed that the Bill “will abolish so-called ‘no fault’ Section 21 evictions and strengthen landlords’ rights of possession, providing a fair and effective market for both tenants and landlords” (p.11) and has set out its full scope at pages 67-68. The key elements are: + Abolishing so-called ‘no fault’ evictions by removing Section 21 of the Housing Act 1988 ..read more

  A section 21 notice can be served so long as the relevant gas safety certificate (‘GSC’) has been given to the tenant before the notice is served, said the Court of Appeal in the case of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 on 18/06/2020.   In refusing permission for the tenant to appeal the decision, the Supreme Court has accepted the Court of Appeal’s interpretation of the law. This means that the case remains binding on District Judges who deal with possession claims in the County Courts.   What does this mean for landlords?   This is a good result fo ..read more

  From today, changes to Right to Rent legislation will come into force, affecting checks for some groups of tenants.   You can see the guidance which is now force here.    Biometric Card Holders  From today, landlords must check the right to rent of those tenants with a Biometric Residence Card, Biometric Residence Permit, or Frontier Worker via the Home Office online check. Physical checks of cards are no longer acceptable, even if the card shows an expiry date which is later than today.   However, retrospective checks where there has been a previous p ..read more