Rough guide to recent and upcoming changes in Housing Law (AST'S).

[Grampa]

A (very )Rough guide to recent and upcoming changes in Housing Law (AST'S).

1. As of 1st October 2015 (England only) a tenant will be entitled to a repayment of rent if vacating  before the end of a period of the tenancy after the serving of a S21 & rent was paid in advance for that period. The tenant will only be responsible up to the day they are in occupation.  Only effects AST's granted  after 1st Oct 2015 but after 1st Oct 2018 it applies to ALL AST's no matter when they were granted.

    

   Questions raised:

   Does this mean a tenant can end a tenancy just by moving out after the serving of a S21 even if there are up to 2 months of the tenancy left and the tenant was expected/agreed to stay to the end?

    

2. As of 1st October 2015 (England only) Any new tenancies granted (or renewal) a new prescribed section 21 notice must be used. After 1st Oct 2018 the new S21 will need to be used for all tenancies no matter when started. This new format covers both fixed term and periodic tenancies and removes the requirement to expire on a particular date.

    

3. There will also be a another change to the section 8 prescribed format which is the second this year.

    

4. As of 1st October 2015 (England only) and does not affect earlier tenancies. A S21 will not be able to be served within the first 4 months of a tenancy. But if the tenancy is a renewal it will be possible to serve it at the start and does not affect periodic tenancies. As of 1st Oct 2018 apply to ALL tenancies.  There will also be a shelf life of 6 months for S21's and court proceedings may not be begun after the end of 6 months from on which the notice was given.

    

   Questions raised:

   Does court proceedings beginning  mean the submitting of the court forms or the date of the hearing?

    

5. If a landlord has a notice served on him (by the council) under the Housing Health & Safety Rating System  (HHSRS) a S21 cannot be served within certain time periods and if a tenants asks for works to be completed a S21 served afterwards may be invalid. Even if any works are then completed after a improvement notice has been served on the landlord he still may not be able to serve another S21 FOR 6 MONTHS.

    

6. As of 1st October 2015 (England only) before a section 21 can be served the tenant will have to be provided certain "prescribed information". This is How to rent: the checklist for renting in England which should be given at the time of granting the tenancy but does not apply if the tenancy becomes statutory periodic . It will also have to be re-served on the tenant at renewals if the version of the document has changed. NO SECTION 21 MAY BE GIVEN WHEN THE LANDLORD IS IN BREACH OF THE REQUIREMENT.

    

7. As of 1st October 2015 (England only) and mandatory from 1st Oct 2018  before a section 21 can be served the tenant will have to be provided the EPC and the gas safety certificate. This should be done at the start of the tenancy but as long as its done before any S21 is served it should be ok.

    

   Questions raised

   If a landlord has forgotten to have either of the above done a tenant could refuse access for the gas engineer or EPC man to enter the property at a later date to stop the landlord serving a S21. Also is a out of date gas cert given at the start of the tenancy sufficient?

[Richlist]

Thanks for the info Grampa, very useful.

Here is my take on it....

1. Yes

2. That makes sense.

3. Continuous improvement is nearly always a good idea.

4. I suggest it takes affect at the submitting of forms.

5. I presume this is aimed at slum landlords so makes sense.

6. Ok with me.

7. Ok with me.

Embrace change, it often brings benefits.

[Melboy]

 

1. Questions raised

   If a landlord has forgotten to have either of the above done a tenant could refuse access for the gas engineer or EPC man to enter the property at a later date to stop the landlord serving a S21. Also is an out of date gas cert given at the start of the tenancy sufficient?

Fortunately under the Gas Statute Laws NO tenant can stop the entry of a gas engineer to carry out safety checks etc. This is the current law now and will be in the future.

Out of date Gas certificates are not acceptable at any time during a tenancy.

 

EPC's are not subject to safety law.

[Grampa]

Fortunately under the Gas Statute Laws NO tenant can stop the entry of a gas engineer to carry out safety checks etc. This is the current law now and will be in the future.

Out of date Gas certificates are not acceptable at any time during a tenancy.

 

EPC's are not subject to safety law.

What I meant was for the requirement of  the serving  of a S21. So if a Landlord had to serve a S21 & the tenant was/had being difficult in allowing entry so it (gas cert) had expired would the new requirement of the S21 still be complied with as a gas cert had been in place at the beginning of the tenancy. But I guess the devil is in the detail of the drafting of the new laws and I haven't read through them in great detail yet. Yawn

[Grampa]

Fortunately under the Gas Statute Laws NO tenant can stop the entry of a gas engineer to carry out safety checks etc. This is the current law now and will be in the future.

 

Yes but I believe it is against tenant and housing law (Protection from Eviction Act 1977) to gain entry if the tenant specifically gave instructions not to. I acknowledge if there was a suspected gas leak or immediate danger that is different.

The amended ground 14 of a section 8 may arguably be a safer/suitable option.