Are you thinking about becoming a landlord or are you one already? Do you intend to or do you manage your properties yourself? It comes as no surprise that more and more Somerset homeowners and landlords are turning to reputable Somerset letting agents like Orchards Estates to manage their property with all of the legislative changes governing the private rented sector.
Did you know, there are over 125 individual acts of legislation that landlords must adhere to if they're to remain on the right side of the law? Most landlords can't name the specific acts but know and understand the basics, which are:
- Tenancy deposit protection,
- Annual gas safety inspections,
- Energy Performance Certificates,
- Smoke alarms,
- Carbon monoxide alarms, and;
- Serving of prescribed information.
But, can you name the acts these rules come from? Can you name the recent legislation that demands an energy efficiency assessment be ordered before the property to marketed to let and a valid EPC in place within 7 days and where reasonable to do so, this can be extended up to 21 days. This is detailed in the act The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015.
What about the relevant act that gives tenants the powers to report poor housing conditions? This is covered by Section 11 of the Landlord and Tenant Act 1985. It is this act that obliges tenants to keep the property in a "tenant-like manner". Later acts gave tenants the right to complain without fear of revenge evictions making it a criminal offense to evict a tenant who requests "too many" repairs.
More legislation is working its way through parliament, being written into law, including the upcoming tenant fee ban, deposit cap, and potential three-year minimum tenancies.
Now, more than ever, landlords should give strong consideration to letting their property and managing it themselves. With more than 125 and counting acts of legislation that landlords must be aware of and adhere to, it is no wonder that we regularly see landlords and rogue agents regularly convicted of failing to uphold their obligations.
If you think reading and learning the 125+ individual acts are daunting, entrust Orchards Estates to manage your property on your behalf. We've done all the reading so you don't have to.
A full list of the 125+ acts are listed below:
Consequences for falling foul of any of the below laws vary from small fines to court orders banning you from letting/managing property to custodial prison sentences.
Anti-terrorism, Crime and Security Act 2001
Anti-Social Behaviour Act 2003
Anti-Social Behaviour etc (Scotland) Act 2004
Anti-social Behaviour, Crime and Policing Act 2014
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2003
Building Regulations Part P: Guidance Booklet
Civic Government (Scotland) Act 1982
Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000
Community Care and Health (Scotland) Act 2002
Control of Asbestos Regulations 2006 (SI no.2739)
Council Tax (Additional Provisions for Discount Disregards) Order 1992
Council Tax (Chargeable Dwellings) Order 1992
Council Tax (Discount Disregards) Order 1992
Council Tax (Exempt Dwellings) Order 1992
Council Tax (Liability for Owners) (Amendment) Regulations 1993
Council Tax (Liability for Owners) Regulations 1992
Construction (Design and Management) Regulations 2015
Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order 2015
Disability Discrimination Act 2005
Electrical Equipment (Safety) Regulations 1994 (SI no.3260)
The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015
Energy Performance of Buildings (Certificates and Inspections) Regulations 2007
Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014
Enterprise and Regulatory Reform Act 2013
Environmental Permitting (England and Wales) Regulations 2010
Environmental Permitting (England and Wales) (Amendment) Regulations 2014
Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014
First-tier Tribunal (Property Chamber) Fees Order 2013
Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
Freedom of Information Act 2000
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2010
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989
Furniture and Furnishings (Fire) (Safety) Regulations 1988 (SI no.1324)
Gas Safety (Installation and Use) Regulations 1998 (SI No. 2451)
Health and Safety at Work etc Act 1974
Health and Safety (Consultation with Employees) Regulations 1996
Health and Safety (Training for Employment) Regulations 1990
Heat Network (Metering and Billing) (Amendment) Regulations 2015
Heat Network (Metering and Billing) Regulations 2014
Home Information Pack (Suspension) Order 2010
Houses in Multiple Occupation (Management) (England) Regulations 2009
Houses in Multiple Occupation (Management) (Wales) Regulations 2009
Housing (Interim Management Orders)(Prescribed Circumstances) Order 2006
Housing Act 2004 (Commencement No 5 and Transitional Provisions and Savings) (England) Order 2006
Housing Act 2004 (Commencement No 5 and Transitional Provisions and Savings) (Wales) Order 2006
Housing Act 2004 (Commencement No. 3 and Transitional Provisions and Savings) (Wales) Order 2006
Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007
Housing Benefit (Amendment) Regulations 2009
Housing Health and Safety Rating System (England) Regulations 2005 (SI no.3208)
Housing Health and Safety Rating System (Wales) Regulations 2006
Housing (Tenancy Deposits) (Prescribed Information) Order 2007
Housing (Tenancy Deposit) (Specified Interest Rate) Order 2007
Housing (Tenancy Deposit) Order 2007
Income & Corporation Taxes Act 1988
Income Tax (Trading and other Income) Act 2005
Land Registration Rules 2003 (Si no.1417)
Land Registration etc (Scotland) Act 2012
Landlord and Tenant Act 1985 (as amended)
Landlord Registration Act 2002
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (Wales) Order 2006
Local Government Finance Act 1992
Management of Health and Safety at Work (Amendment) Regulations 2006
Management of Health and Safety at Work Regulations 1999 (as amended)
Management of Houses in Multiple Occupation (England) Regulations 2006
Management of Houses in Multiple Occupation (Wales) Regulations 2006
Manufacture and Storage of Explosives Regulations 2005
Money Laundering Regulations 2003
Money Laundering Regulations 2007
Mortgage Repossessions (Protection of Tenants etc) Act 2010
Plugs and Sockets etc. (Safety) Regulations 1994
Prevention of Damage by Pests Act 1949
Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2008
Private Rented Housing (Scotland) Act 2011
Private Rented Housing Panel (Applications and Determinations) (Scotland) Regulations 2007
Private Water Supplies (England) Regulations 2016
Protection From Eviction Act 1977
Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003
Regulatory Reform (Fire Safety) Order 2005 (Si no.1541)
Regulatory Reform (Housing Assistance) (England and Wales) Order 2002
Rent Acts (Maximum Fair Rent) Order 1999
Rent Officer (Housing Benefit Functions) Amendment Order 2007
Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007
Rent Repayment Orders (Supplementary Provisions) (Wales) Regulations 2008
Residential Property Tribunal Procedures and Fees (England) Regulations) 2011
Residential Property Tribunal Procedure (England) Regulations 2006
Residential Property Tribunal (Fees) (England) Regulations 2006
Residential Property Tribunal Procedure (Wales) Regulations 2006
Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012
Residential Property Tribunal (Fees) (Wales) Regulations 2006
Safety Representatives and Safety Committees Regulations 1977
Selective Licensing of Houses (Specified Exemptions) (England) Order 2006
Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006
Selective Licensing of Houses (Additional Conditions) (Wales) Order 2006
Serious Organised Crime and Police Act 2005
Taxation of Chargeable Gains Act 1992
Tenancy Deposit Schemes (Scotland) Regulations 2011
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
Town and Country Planning (Use Classes) (Amendment) (England) Order 2010
Town and Country Planning (General Permitted Develpment) (Amendment) (England) Order 2010
Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2002
Town and Country Planning (Use Classes) (Amendment) (England) Order 2006
Town and Country Planning (Use Classes) (Amendment) (England) Order 2005
Town and Country Planning (Use Classes) Order 1987
Town and Country Planning (Scotland) Act 1997
Town and Country Planning Act 1990
Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
Unfair Terms in Consumer Contracts Regulations 1994
Unfair Terms in Consumer Contracts Regulations 1999
Unfair Terms in Consumer Contracts (Amendment) Regulations 2001
Water Environment (Controlled Activities) (Scotland) Regulations 2011
Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
Welfare Reform Act 2007 (Commencement no 4 and Savings and Transitional Provisions) Order 2007
Wildlife and Countryside Act 1981
Wildlife and Natural Environment (Scotland) Act 2011
Work at Height (Amendment) Regulations 2007
Work at Height Regulations 2005 (as amended)
Work at Height Overhaul of guidance January 2014
And counting...
Article provided by www.leicesterpropertyinsight.co.uk
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