Not that long ago, landlords could get away with not doing certain requirements when tenants move in, but as time has passed, new laws have come in that are getting landlords stuck in certain situations if they do not do things correctly.
One major situation is when you have to serve the Section 21 notice. This is a 2 month notice served on the tenant to let them know you want possession of the property. The Section 21 laws have been updated such that, if the requirements are not adhered to, landlords can lose the right to serve this notice. When tenants take advantage of knowing things were not done correctly, it can become very costly.
I would highly recommend using a solicitor in all cases to serve notices and go through evictions, because I have seen so many landlords try to do it themselves, only to get the paperwork thrown out of court because they have not got one detail correct.
A 2 month notice and another few months to get a court order (depending on which court you use) can cost you in time and money (when the tenant is not paying rent) if not done correctly.
Ensure there is a paper trail of everything. The best way is to just email a copy of all the legal documents to the tenant so there is proof it has been done.
Most solicitors will ask if has been done and often tenants say they did not receive something. Before a Section 21 notice can be served, a landlord must show they have given the tenant an EPC, gas certificate, deposit protection paperwork and How To Rent Guide. There is now a section on the court form that needs to be filled in for these.
The notice now lasts 6 months.
A current list today of what is required before a tenant moves into the property:
Deposit protection
When you take a deposit of a tenant, this must be registered in one of the 3 schemes. Within 30 days of registering it, the tenant must be provided with the relevant information (can be found on the website of which scheme you use). There are free ones and there are ones that charge.
EPC
An energy performance certificate must be in place for properties. This must be given to the tenant when they move in.
How To Rent Guide
Tenants must be provided with the upto date How To Rent Guide. The version does change often and the upto date version can be found here
https://www.gov.uk/government/publications/how-to-rent
Gas Certificate
This is to be carried out annually by a registered gas engineer and a copy provided to the tenant.
CO2 Detector and Smoke Alarms
Landlords require a smoke detector on each floor and a CO2 detector where there is a solid fuel source.
Condition of property
Ensure the property is in good condition and any required works are carried out. To stop retaliatory evictions (where landlords serve Section 21 notice instead of fixing maintenance issues), you will now be unable to serve section 21 in certain cases.
If the tenant has taken a maintenance complaint to the council and they have served repair notice,
you may not be able to serve a Section 21 notice for another 6 months and the one you have served will be invalid.
If a tenant complains, you/your agent must provide a written response within 14 days on how you will rectify the problem and the time frame.
Right to Rent Checks
Under the Immigration Act, landlords are responsible for ensuring tenants have right to stay in the UK (and Visa if they need one). This makes it vital to know who is living at the property and ensuring they are on the contract. There are follow up checks, if they do have Visa's and you must see the original copy of their ID. Most letting agents will do this if you are using one.
HMO licence
If you are renting to multiple people, ensure you know the requirements of the council where your property is. All councils have different licensing requirements. Some councils have selective licensing where you may need a licence even if it is not a HMO.
Other items that are not considered legal requirements for lettings and come under Health and Safety aspects include, electrical safety, fire safety and Legionella assessment.
There are also data protection laws to adhere to.
With all these laws and new ones coming out, it is vital to use a good agent especially if you are abroad and are not so up to date with what is happening in the UK.
Under the Consumer Rights Act 2015, letting agents/property management companies must be registered with a redress scheme. There are still many out there that are not. Ask your agent who they are part of and if they have client money protection.
If you are letting properties out yourself, ensure you have a checklist of everything and use the appropriate qualified person for what you need.
Written by Roksana Akhtar
Roksana is an expert in her field and has worked in various areas of property. She has a wealth of experience in lettings and property management.
She works helping investors allow achieve great rental yields and minimising the voids, maintenance and costs involved.
Dedicated To Helping Investors In Real Estate
– Roksana Akhtar
