D-Day for important changes in tenancy rules
It's that time of year again to have considered Michaelmas agricultural rents, writes Rachel Kirk of Fisher German.
By the time this is read, hopefully all rent review notices will have been served and new rents agreed.
If not, then applications for arbitration should have been made. If you've missed the boat make sure you've got a diary note for next year.
With effect from today there are changes to the repairing obligations covered under the model clauses. These are often incorporated into agricultural tenancies, namely Agricultural Holdings Act tenancies, and also a large number of Farm Business Tenancies rely on them, unless other specific provisions have been made.
The regulations that were in force dated back to 1973 and over the passage of time these have become outdated. The 2015 regulations will provide clarity and fill in the gaps.
Whether the 2015 update applies to your tenancy depends on how the agreement is written. If it allows for revisions to the 1973 regulations then the 2015 update will apply. If not, then the 1973 regulations still apply. If the agreement is silent on repairing obligations then the 2015 regulations will apply.
One of the main changes is to 'electrical supply systems and fittings', which were the responsibility of the tenant (apart from replacement). This will transfer to the landlord under the 2015 regulations, except for sockets, switches and light fittings which remain within the tenant's remit.
Where there is a transfer of obligations there is a provision to be able to claim compensation for the other party's non-performance by referring the matter to arbitration or third party determination. There is a one month window for this, i.e. until the end of October.
The legislation regarding smoke detectors and carbon monoxide detectors in residential rental properties changes with effect from today.
Each let residential property from today will require both smoke alarms and carbon monoxide detectors fitted.
There must be a smoke detector on each storey that is used as living accommodation and there needs to be a carbon monoxide detector installed in the room where solid fuel is used, including log burners.
The landlord must check that they are in working order at the start of the tenancy. Local authorities can enforce a fine of up to £5,000 where the landlord fails to comply.
