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Tenancy agreements - FINES & legal threat

RENTERS RIGHTS This area covers the technical piece of law defence lawyers may use to block evictions. citing none disclosure of information to the tenant in accordance with Renters Rights non compliance results exposure to fines, compensation, rent repayment orders  etc .  

Below Technical Updates for Tenancy agreements

Tenancy Agreements shall have to be amended to allow for the following

  • Every property MUST have and be displayed on all adverts a unique property number and such number MUST be on the tenancy agreement- phase 2 

1) No longer be called Assured Shorthold Tenancy Agreements so thereafter Assured Tenancies -

NOTE Section 16E very strongly worded about purporting [misrepresenting the tenants entitlements ] so implied your tenancy CANNOT include any inference of fixed term no notice that contradicts the tenants entitlement] Also strict affirming that grounds MUST be included

However this is complicated for reverts to 1988 and need to consider historical case laws that may apply

2) Pet Clauses [compliant to ensure no considered in breech of non permitted fees [Tenant Fee Ban]

3) Inclusion of Ground 8 clause in body of the Tenancy agreement or addendum  in Accordance with section 16 D (What this means is pre disclosure prior to commencement of tenancy otherwise cannot be relied upon)


(1)        The landlord under a tenancy to which this section applies must give

                                 the tenant a written statement of—                                                                  30

(a)         such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed,

(b)        where the landlord may wish to recover possession on any of 35 Grounds 1B, 2ZA, 2ZB, 4, 5 to 5G or 18 in Schedule 2, the landlord’s wish to be able to recover possession on that ground, and

(c)         any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State— (rm note I suspect this relates to disclosure for compliance with Landlord Portal this is gov info sheets and s48 defence against s8 warning )

(i)            the tenancy;

(ii)          the dwelling-house let on the tenancy;          5

(iii)        the tenant;

(iv)        the landlord;

(v)          the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it. 


(1)        The statement under subsection (2) must be given before the beginning 10 of the tenancy.

(2)        Regulations under this section are to be made by statutory instrument.

(3)        A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either  Parliament.”


RM BASICALLY THIS MEANS I CHANGE STATUTORY INSTRUMENT I CAN CHANGE WHAT I CAN WANT - SO CART BLANCHE CONTROL  - phase 2 implemation 



NOTES ON EXISTING TENANCY DEPOSITS THAT ARE NOT ASSURED SHORT HOLD
TENANCIES

As present the deposit law exists ONLY for AST and not Assured Tenancies however the law amends deposit schemes so ALL Tenancies become Assured Tenancies - This means if ANY LANDLORDS have previous/current Assured Tenancies then the law change implies they MUST be protected by a Deposit Scheme - Otherwise the Tenant could claim compensation


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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/