Legislation & Compliance

The Renters’ Rights Act represents one of the most significant changes to the private rented sector in a generation. The reforms include the abolition of Section 21, the introduction of periodic tenancies, revised grounds for possession and a range of enhanced rights and protections for tenants.

For landlords, the changes mean that the way tenancies are created, managed and ultimately brought to an end will change considerably. At Frampton & Roebuck, we have prepared well in advance, reviewing our tenancy agreements, landlord documentation, notices and management procedures to ensure our clients are supported under the new framework.

For our student landlords in particular, we have developed procedures around Ground 4A and academic-year lettings, together with a new reservation and application process designed to accommodate the restrictions surrounding student tenancies being agreed more than six months in advance.

As legislation and Government guidance continue to develop, we will continue to monitor the changes, undertake professional training and adapt our procedures accordingly. Our aim is to take care of the practical and compliance requirements on behalf of our managed landlords, whilst keeping them informed of any changes which require their attention.

Since 1st April 2018, new regulations now mean there is a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). The regulations came into force for new lets and renewals of tenancies with effect from 1st April 2018 and will include all existing tenancies from 1st April 2020. It will be unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption.

As of 1st July 2020, all new private tenancies in England require that electrical installations are inspected and tested by a qualified person before the tenancy begins. The landlord will then need to ensure that the installation is inspected and tested at least every five years – and more often if the most recent safety report requires it.

For existing tenancies, Landlords are obliged to have an Electrical Installation Condition Report (EICR) in place by 1 April 2021, with regular tests following this as outlined above.

The regulations apply to all properties across the private rented sector, including houses in multiple occupation (HMOs).

To ensure your tenants’ safety, all gas appliances and flues need to undergo an annual gas safety check – and always by a Gas Safe registered engineer. Once this has been done, you’ll be given a Landlord Gas Safety Record or Gas Safety certificate with details of all the checks that were carried out. It is also referred to as a CP12 certificate.

Following the annual gas safety check and receipt of your Landlord Gas Safety Record, you’ll need to provide a record of this check to your tenants. By law, a copy of your Landlord Gas Safety Record should be given to your current tenants within 28 days of
the gas safety check - and for new tenants, you’ll need to provide this at the start of
their tenancy.

Since 1st October 2015 it has been a legal requirement to have at least one smoke alarm installed on every storey of a rental property which is used as living accommodation, and a carbon monoxide alarm in any room used as living accommodation where solid fuel is used - after that, the landlord must make sure the alarms are in working order at the start of each new tenancy. There are additional fire safety and detection requirements for licensed HMO properties.