TIMELINE of Laws and Housing Acts - 1925 - new in the pipeline

This is the Time line of current and pending Housing Laws

Landlords and Letting Agents must operate within very defined laws, failure to comply can lead to jail, severe fines and prevent them from ever letting out properties again.
 
The newest laws with the most severe punitive implications are the 2015 Deregulation Bill this creates imposition with regards eviction and the Tenant Fees Act effective 1 st June 2019 in England This Act defines what you can and CANNOT charge a Tenant - Fines for non compliance up to £30,000 and prison.

Changes in the pipeline

  • 2020 Ban on letting properties below EPC rating E read more
  • Coming soon 2019 - Electric Safety Check for all rental propertyread more
  • 2019 - 2020 Mandatory Landlord Register Pending - fines of up to £5,000 if they fail to Register. At present there is no draft legislation. read more
  • Ban on Tenant Fees Wales Pending read more
  • No DSS adverts to be banned read more

Legislation Updates and latest documents

  • March 2020 Electrical safety Checks Suspended due to Coronavirus Safety concerns
  • 1 June 2019 Ban on  Tenant Fees now applies for rental properties in England  - The following documents have all been changed to reflect these changes

Latest PIMS Guides cover these changes 

  • 1 April 2019 Letting Agents manadatory Cient Money Protection Accounts
  • March 2019 Fit for Habitation Act 2019 read more
  • Court Form N5B (Section 21 possession order request) minor change now includes GDPR disclosure on last page download form

Legislation Updates 2017 - 18

  • From October 1st, 2018, Mandatory HMO licence fees for all properties rented to 5 or more persons [not living as a family unit] irrespective of numbers of floors read more
  • 1 Oct 18 England Only Deregulation Bill applies to ALL tenanciesread more warning This means in England the New Section 21 6a MUST be used and all components of the court application form apply read more

  • July 2018 Updated How to Rent Guide [updated June 2019] - Mandatory you MUST issue the most recent How to Rent Guide with all new and renewal tenancies prior to issuing a Section 21 Notice hereafter Not sure about the new law? You can easily lose your right to evict
  • From the 1st April 2018 where EPC rating below an E you are banned from issuing new Tenancies, existing tenants may remain but you CANNOT extend the tenancy term thereafter - from 2023 such properties may NOT be let read more

Legislation Updates 2016 -17

  • December 2017 Section 21 Court Application Changes- New Court Forms for Section 21 England and Wales read more
  • April 2017 - HMO Mandatory Licencing to be applied where 5 or more persons from 2 or more households removing the requirement for the building to be three or stories. Extend mandatory licensing to flats above and below business premises
  • April 2017 Minimum room sizes - Set a minimum size of 6.52sq-m for one person (or 1023sqm for two) derived from the overcrowding standard in the Housing Act 1985. This is seeking to close a perceived issue created by a upper-tier tribunal ruling in Manchester City Council v Clark.
  • HMO and residential property licensing reforms - Landlords that fail to comply with the new legislation will face criminal prosecutions and new civil penalties of up to £30,000 at the end of the 6 month grace period

 

Legislation Updates 2015 -16

  • New Guide and Process for Eviction when using a High Court Enforcement Officer read more
  • 2016 May Immigration Act Bill 2016, New fines and custodial sentences for failing to comply with Right to Rent read more
  • Case Law 15 June 2016 McDonald v McDonald – The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order read news
  • 2016 March 21 Court application fees for possession claims have increased Section 21 Notice now £355 Section 8 Notice for rent arrears now £325 read news
  • 2016 Feb 2 Updated Version "How to rent Guide for properties in England updated 2nd Feb 2016 Download here
  • Proposed Local Government Finance (Tenure Information) Bill includes proposals to use Council Tax forms to discover rented properties.

Legislation Updates 2014 -15

CASE LAW - NOW OVER TURNED [May 14] appeal against possession and request the possession order be set aside was upheld on the basis " the landlord failed to reissue the prescribed information when the Tenancy became a periodic". The Landlord was also fined and spent thousands on costs read case Gardner v McCusker this defence shall is now nullified by the 2015 deregulation bill

Latest Legislation Updates 2013 -14

Legislation Updates 2012
  • Deposit Protection of Tenants Monies(April 2007, revised 2012)
  • 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 overcrowdingwhich 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)
 
 
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
 
Housing Act 1996 restrictions on used Section 21 Notices

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

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

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

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
 
Torts (interference with Goods) Act 1977 Left Possessions

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

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

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

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

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

Law of Property Act 1925