Starting a Tenancy Guide

The 2004 Housing Act alone introduced reforms on HMO licensing, Health and Safety, Tenancy Deposist, Energy Efficiency in the private rented sector. This Landlords Manual will help you understand your obligations and responsibilities and help you start a tenancy effectively.

Laws and Housing ACTS (a few examples) Landlords must operate within these laws as failure to comply with them can lead to jail, severe fines and prevent them from ever letting out properties again. Below are some of Legislation and Housing ACTs the Landlord must comply with

Housing Act 2004 - Came into force on 6 April 2006 changing the way properties are inspected, licensed and registered and the way in which deposits are handled.

Deposit Protection of Tenants Monies
A new Housing Health and Safety Rating System (HHSRS) gives local authorities extended powers to target health and safety issues
The Licensing of Houses in Multiple Occupation (HMO)
Sexual overcrowding which prohibits over-12s sharing sleeping accommodation with members of the opposite sex unless they live together as husband and wife

Gas Safety (Installation and Use) Regulations 1998 - Ensure it is a landlord's statutory duty to arrange for an annual gas safety inspection by a Corgi registered engineer. (now Gas Safe)

Housing Act 1988 - Introduced the most common form of tenancy for private sector tenants, the assured shorthold tenancy agreement. Section 8 Notices and Section 21 Notices

Landlord and Tenant Act 1987 Section 48 of the ". This removes the need for the Landlord to serve a separate Section 48, which if he fails to do, means that no rent will be payable by the Tenant! Section 47 imposes requirement re address on rent demands

Protection from Eviction Act 1977 - Defines criminal offences which may be committed by landlords, or someone acting on their behalf, through harassment and eviction of tenants without a court order

Torts (interference with Goods) Act 1977 Left Possessions

Defective Premises Act 1972 - Ensures landlords prevent disrepair which could cause harm to tenants and others or their possessions

60 Page Starting a Tenancy Guide

Topics Included

Investing in a Property
Private Rented Sector Markets

Letting options - Agent or Not
Permissions to Let Property
Energy Performance Certificates
Insurance
Tax
Council Tax
Common Law Implied Terms
Implied Terms in Tenancy Agreements
Landlords’ Responsibilities for Repair and Maintenance
Statutory Implied Terms
Housing Health and Safety Rating System
Decent Homes Standard (applicable to England only)
Gas Safety
Electrical Safety and Electrical Goods
Safety of Furniture
Definition of an HMO
Houses in Multiple Occupation (HMO)
Duties upon the Manager of an HMO
Licensing of HMOs
Planning Control
Accreditation Schemes
Building Regulations Approval
Applying for a Licence
Rent Repayment Orders
Selective Licensing
Types of Tenancies
Tenancy Agreements
Deposits and Tenancy Deposit Schemes
Bond Guarantee Schemes
Raising the Rent
Rent Setting
Housing Benefit
Utilities
Tenant References
Unlawful Discrimination

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Protection from Harassment Act 1997 - Makes it a crime and tort to harass someone and if that person knows, or ought to know, their behaviour amounts to harassment

Local Government (Miscellaneothe Council Provisions) Act 1976- Section 33 allows the Council to reconnect or continue electrical, gas or water supplies where the owner or former owner has failed to pay the bill and to recovery any expenses

Electricity Act 1989 - Sets the maximum price a landlord can charge tenants for electricity

Landlord and Tenant Act 1985 - Section 11 Ensures landlords repair and maintain properties for tenants, also covers Electrics