Four Rental Regulations to Know About in 2022
One aspect of a letting agent’s job is to monitor the legislation relating to the private rental sector. Laws change and shift regularly and that means that an agent needs to stay on top of them for the benefit of their own business, their landlords and tenants too. This is why we have created this article showing you four rental regulations you need to know about for the rest of 2022.
Issuing Gas Safety Certificates Before a Tenancy Begins
We all know that landlords must provide tenants with a copy of a valid gas safety certificate for a property. However, did you know that failure to do so can lead to a landlord being ineligible for serving a Section 21 eviction notice?
In a recent court case, Byrne v Harwood-Delgado, a tenant successfully appealed against a Section 21 by testifying that there was no gas safety certificate before the tenancy began and they were only issued with one dated for after they moved in.
The judge agreed that the failure to follow correct procedure meant that the landlord was unable to evict the tenant. Although this is not a binding judgement, it sets a legal precedent for future cases where tenants could cite this to bolster their case in court.
Enforcement on Minimum Energy Efficiency Standards
This is another of the rental regulations that is not new, but which letting agents and landlords need to know about. Whereas some parties might have thought they could get away with failing to meet the Minimum Energy Efficiency Standards in rental properties, a council in Wales has confirmed it will begin active enforcement of the law.
Rental properties, with a few exceptions, must meet a minimum of an Energy Performance Certificate E rating to be deemed fit for tenants. Officers from Caerphilly council have been told they can issue fines to landlords who rent properties rated F or G, with fines available of up to £5,000.
Carbon Monoxide Alarm Rental Regulations
Having put it out to consultation, the government is changing the law relating to carbon monoxide alarms. Under the updated Smoke and Carbon Monoxide Alarm Regulations, carbon monoxide alarms will be mandatory in all rooms that are used as living space and which contain a fixed combustion appliance. This could be a boiler or water heater. However, gas cookers are exempt. Landlords must also fit carbon monoxide alarms alongside any new installation of a fixed combustible appliance other than a gas cooker.
The landlord is responsible for maintaining the alarms, whilst the tenant is in charge of testing them. This comes into force in England on 1st October 2022, whilst it becomes law in Wales on 1st December. The Welsh law change also mandates smoke alarms on every storey of rental properties.
Renters’ Reform Bill
We are still waiting for confirmation of when the Renters’ Reform Bill will come into law. It has been in the works since 2019. If it does come into action this year, it is likely to:
● Ban Section 21 evictions
● Extend the rogue landlord and letting agent database
● Create a lifetime deposit for tenants
● Ban rent review clauses
● Stop landlords “unreasonably” refusing a tenant’s request to have a pet in the property.
Outsource Property Management
We are here to help. With so much to consider, your property management duties, from drawing up tenancies to chasing rent and maintenance can prove too much to handle. We provide a professional service for your landlords and tenants whilst you grapple with the latest rent regulations. Contact us today to find out more.
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