Laws and Housing Acts
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 - was scheduled to come into force on 6th April 2006 but was delayed to 1st October changed the way properties are inspected, licensed and registered and the way in which deposits are handled.
- Deposit Protection of Tenants Monies (introduced 6th April 2007)
- 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)
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Sexual
overcrowding which prohibits over-12s sharing sleeping accommodation with members of the opposite sex unless they live together as husband and wife
The Regulatory Reform (Fire Safety) Order 2005 - The Regulatory Reform (Fire Safety) Order 2005 places specific fire safety duties on persons who have control of premises, including common parts of blocks of flats and houses in multiple occupation (
HMO)
Building Regulations 2000
Contracts (Rights of Third Parties) Act 1999
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)
Disability Discrimination Act 1995 - Makes it illegal to discriminate against Disabled people
Environmental Protection Act 1990 - Sections 79 to 81 in Part III contains powers allowing the Council to take action over statutory nuisances through notices requiring them to stop or prohibit or restrict their occurrence or recurrence
Electricity Act 1989 - Sets the maximum price a landlord can charge tenants for electricity
Furniture and furnishings (Fire) (Safety) Regulations 1988 - Requires landlords ensure their furniture and furnishings meet set safety standards
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
Consumer Protection Act 1987 - Mainly AST
Building Act 1984 - Sections 59 and 76 deal with drainage as a statutory nuisance, section 64 deals with the issue of toilets in properties and sections 77 and 78 deal with dangerothe Council buildings
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
Rent Act 1977 - Applies to regulated tenancies
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
Health and Safety at Work etc Act 1974 - Section 3 places a duty on anyone who runs a business to ensure anyone not in their employment is not exposed to risks to their health or safety
Defective Premises Act 1972 - Ensures landlords prevent disrepair which could cause harm to tenants and others or their possessions
Fire Precautions Act 1971 - Section 10 allows the Fire Service to prohibit or restrict the use of premises where there is a serios the Council risk to life in the event of a fire
Public Health Act 1961 - Section 17 allows the Council to ensure homeowners remedy stopped-up drains and carry out minor drainage repairs
Public Health Act 1936 - Section 45 allows for the repair of existing but unsatisfactory toilets
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