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News Article

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

New legislation - unlawful use of rental property

11th Jun 2014

A part of the Queen's speech that had little media coverage was the announcing of new legislation that affects the private rented sector.

Those landlords who think or suspect that their tenants are using the rented properties for criminal activates and do not tell the police will be prosecuted.

The exact phrasing of the new offence is 'Participating in an organised crime group', those landlords found guilty could face up to five years in prison. This does not only apply to landlords it is also for any professional that suspects crime and fails to report it to the police.

When this legislation is passed it will mean that lawyers and other professionals will now have to be candid about any suspected criminal activity that they hear about, and must pass on the information to the police. or face a penal sentence.

The major concern for landlords is that the defence in court of not being aware of what was happening in their property or professional capacity, will be shot down in flames along with a "no questions asked" attitude. The legislation will state that landlords and professionals will be responsible to make themselves aware of all types of criminal activity operated within "their professional environment" otherwise they should expect to face a custodial sentence.
 

PIMS COMMENT

Richard Merrick says: "There is no exact timetable as to when this law will be passed however all landlords should be always be guarded and have thorough vetting processes"
 
Merrick adds "presently there is recourse under current legislation - upon a Landlord being convicted  a confiscation order can be sought under Proceeds of Crime Act 2002, to take away all the profit/rent  they had made for the duration of the tenancy. maybe the new legislation is intended to reduce the burden of proof from wilful/conspired to reasonable belief for the word "suspect" is a very ambiguous level of proof
 

Drug use in rented properties

Under the Misuse of Drugs Act 1971, a landlord/property manager can receive a maximum of 14 years in prison and/or a fine, if they turn a blind eye and allow the production of controlled drugs to take place in rented accommodation. Under this legislation, there is also the potential for premises to be seized or forfeited.
 
YOU MUST  be able to demonstrate diligence as to who you rented your property to [Under the Misuse of Drugs Act 1971] see Tenancy Vetting
  • Read this Guide to drug abuse in rented properties
  • Larger detached properties [isolated] with Cellars and Lofts are more susceptible to this type of crime, but we have seen in all types of properties used for this purpose. Check your Landlord insurance policy covers malicious damage.
  • If you suspect you may be a victim of such situation then call members Helpline for always better to be pre emptive


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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

 

 

 


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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/