New rules and regulations for landlords
Assured shorthold tenancies are tenancies of residential property where tenants enjoy limited security of tenure. There have been legal changes and more are proposed, writes Steven Corfield.
Landlords will often take a rent deposit at the commencement of a tenancy from which rent arrears and costs of repairing the property can be deducted subject to strict regulation on the tenant quitting the property. In 2013 a court case (Superstrike v Rodrigues) held some rent deposits were held unlawfully after expiry of the initial fixed term of the tenancy.
This caused legal difficulties and Parliament has enacted from March 26, 2015, that when a periodic tenancy follows a fixed term tenancy the landlord will have an opportunity after the expiry of the fixed term to protect the deposit. If the landlord serves the prescribed information within a 90 day period following the expiry of the term the rent deposit will be protected, but if this deadline is missed the deposit can no longer be lawfully held by the landlord.
If a rent deposit was received by the landlord after April 6, 2007, and paid into an appropriate scheme and the prescribed information was served, then it is now the case that when the tenancy becomes a statutory periodic tenancy or is renewed there will be no need to take any further action.
There are new regulations with regard to smoke and carbon monoxide alarms for landlords from October 2015. These will require private landlords to install smoke alarms on every floor of the property and test them at the start of every tenancy. Failure to do so could result in a fine up to £5,000. Also, carbon monoxide alarms will need to be installed where there are high risk rooms, for example with solid fuel heating systems.
After October 1, 2015, there will be greater pressure for landlords to observe their repairing and maintenance obligations. If the landlord serves a Section 21 notice to bring an assured shorthold tenancy to an end and the tenant has made a complaint about the state and condition of the property, then the landlord will have to give an adequate response within 14 days listing the landlord's proposals for dealing with the complaint. A notice to terminate in accordance with Section 21 will not work in these circumstances. If the landlord is served an improvement notice by the council then the landlord will be stopped from serving a Section 21 notice for six months.
Steven Corfield is a partner and agricultural specialist at Shropshire law firm, FBC Manby Bowdler LLP.
