This is part 2 in our article series about the Renters’ Rights Bill. Alanis Ingham-Cotterell explores the issues landlords need to consider in preparation for the new legislation.
The Renters’ Rights Bill has just had its final hearing in the House of Commons. In this second article, we explore how landlords can prepare for the new legislation, which may be due to receive Royal Assent imminently.
- Review your existing tenancy agreements. With change on the horizon, now is a good opportunity to carry out a review of any residential tenancy agreements that you have in place or consider any precedent agreements that you have. If there are any tenancy agreements in place that could be renewed, it will be worthwhile considering whether these can be brought up to date now.
- Gas safety certificates. If a property has a gas appliance/a gas connection, then gas safety checks must be carried out on an annual basis and all certificates must be provided to the tenants. It is important to make sure all is in order and that the property is safe.
- All residential properties must have an EPC and the EPC must be provided to tenants. Landlords should make sure that the property has a valid EPC, that it is in date and that a copy has been provided to the tenants. Residential properties are currently required to have a minimum EPC rating of E to be legally rented out.
- How to rent booklets. The most recent how to rent booklet must be provided to tenants. A copy can be downloaded from the government website and then sent to any tenants that may not have received the most recent booklet. The booklet was last updated in October 2023. It is anticipated that a new booklet will be published when the new legislation comes into force.
- Electrical safety. An electrical installation condition report is required to be carried out on all rental properties and must be provided to the tenants. This report should be carried out at least every five years, if not sooner if required. Landlords should make sure that the electrical reports have been carried out, that any reports are in date and that they have been provided to tenants.
- If you are due to collect or have collected a deposit from a tenant, you need to make sure that it has been correctly protected, and that the protection is up-to-date. All deposit certificates and the accompanying prescribed information should be provided to tenants within 30 days of the deposit being protected.
- Be prepared for the incoming database. One of the big changes that has been proposed is the introduction of a private rented sector database. Although the detail of any database is yet to be released, all landlords of assured and regulated tenancies will be required to register themselves and the property onto a database. The database will be accessible to landlords, tenants and local authorities. It is anticipated that the database will not only include information about the tenancy, the landlord and the property, but will also be a place for landlords and tenants to access guidance.
- Right to rent checks. All tenants must have the right to rent in England. Landlords are required to check that their tenants have the right to rent. Landlords should make sure that all right to rent checks have been carried out, are up-to-date and are recorded properly.
- Get to know the changes. This may seem like an obvious consideration, but it is recommended that landlords should start getting familiar with the upcoming changes now. If you are ahead of the curve, then you can start preparing for the changes and consider any strategies or policies that you may put in place for your residential properties going forwards. For example, considering how you will manage a request from a tenant to keep a pet.
Although most landlords will already be carrying out all of the above, now is a good time for every landlord to review their residential property portfolios, where you have one property or dozens, and consider whether any action needs to be taken before the new legislation comes into force.
We will be continuing to keep up to date with the latest developments and will be publishing further articles on this subject, so please keep an eye out! If you need any assistance in relation to residential tenancies, please do contact Alanis Ingham-Cotterell or the other members our Property Litigation team.
