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