To begin this process we have detailed many of the main acts, regulations and duties of care that a landlord must take into consideration when renting a property. This is meant as a guide only and consultation with a property manager at The Bristol Residential Letting Co. is the essential next step.
Sex Discrimination Act 1976
A landlord may not discriminate against a tenant application on the grounds of gender
Race Relations Act 1976
A landlord may not discriminate against a tenant application on the grounds of race, creed or colour.
Disability Discrimination Act 1995
A landlord may not discriminate against a tenant application on the grounds of disability.
The Housing Acts 1988 & 1996
These acts exist to regulate the relationship between the landlord and the tenant. The type of tenancy agreement made governs this relationship. The legislation provides for 3 types of tenancies.
The Assured Shorthold Tenancy
The Assured Tenancy
The Non-Housing Act 1988 Tenancy
In 1996 the assured shorthold tenancy became the default tenancy and in the private rented sector the vast majority of tenancy agreements are assured shorthold tenancies. If you require information on an assured tenancy or non-housing act tenancy please contact a property manager at The Bristol Residential Letting Co. directly.
Assured Shorthold Tenancy
The great attraction to the landlord of this tenancy is that there is a mechanism (section 21 of the housing act 1996) to end the tenancy at the end of the fixed term or period thereafter. The change in legislation in 1996 to allow landlords to easily regain possession of their property has largely been responsible for the dramatic increase in the number of landlords over the last few years.
The Assured Shorthold Tenancy typically works in the following way. A landlord usually offers a tenancy for a fixed term of 6 or 12 months, it can be more or less but other constraints can then become relevant. The landlord and the tenant are both entitled to bring the tenancy to an end at the end of this term; the Landlord is required to give two months notice (and issues a section 21) and the tenant one month. If both parties wish to continue with the tenancy this is possible and there are two options available to them. Firstly they can enter into a new fixed term tenancy of say 6 or 12 months, or secondly they can continue with the current tenancy in the form of a periodic extension. If a new fixed term is entered into possession can again be gained at the end of the term by using the correct notice period and serving of a Section 21 notice. If a periodic extension is entered into then the tenancy continues in a 'rolling' manner. The Landlord is required to give 2 months and the tenant 1 months notice.
The Assured Shorthold Tenancy also has provision for, specific prior notice grounds and breaches of the tenancy agreement.. There are 17 grounds in all, 8 mandatory and 9 discretionary, all of which a landlord can use to apply to a court for repossession of their property. These grounds cover situations such as failure to pay rent, persistent late payment of rent, the use of the property for illegal purposes and ill treatment of landlord's furniture. For further information on this area please speak directly to a property manager at Bristol Residential Letting Co..
In summary an assured shorthold tenancy agreement in conjunction with a reputable letting agent should give the landlord peace of mind that if he requires possession of his property this can be reasonably achieved.
THE LANDLORD AND TENANT ACT 1985 AND 1987
To regulate further the relationship between landlords and their tenants the government passed two Landlord and Tenant Acts.
The first act in 1985 carried three important sections.
Disclosure of Landlords Identity - the Landlord must identify themselves if requested in writing within 21 days. Failure to do so can lead to a fine up to £2500.
Failure to give a tenant notice of a change of Landlord - A new Landlord must give the existing tenant his details in writing within 2 months. Failure to do so can lead to a fine up to £2500.
The landlords statutory Obligation to repair - The landlord is obliged by law to i) keep in repair the structure and exterior of the property including drains, gutters and external pipes. ii) To keep in repair and proper working order the installations for supply of water, gas, and electricity and for sanitation. iii) To keep in repair and proper working order the installations for space heating and water heating. iv) That the landlord shall permit the tenant 'quiet enjoyment' of the property.
With this act there is the implied right of the landlord to view the condition and state of repair of the property on giving the tenant 24 hours notice in writing.
The second act in 1987 had two further clauses relevant to rented property.
Section 47. Requires that every demand for rent carries the address of the landlord and if that address is outside England or Wales, the demand for rent must carry an address in England or Wales where notices in proceedings can be served on the landlord. Failure to comply with section 47 means that part of the rent, which is attributable to rates, is not due.
Section 48. It is similar to section 48 but with a subtle difference. This section requires that a tenant is served notice of where proceedings can be served on his landlord, and that address must be in England or Wales. It follows therefore that the address does not have to be that of the landlord. Until notice under section 48 of the Landlord and Tenant Act 1987 is served on the tenant, rent is not lawfully due.
At The Bristol Residential Letting Co. we take care of both Section 47 and Section 48 for you.
PROTECTION FROM EVICTION ACT 1977
A landlord is not entitled to regain possession of their property from an unwilling occupier without a court order. Landlords need to be aware of the following 2 important sections of this Act; unlawful eviction and harassment.
Unlawful Eviction
It is an offence for any person to unlawfully deprive a tenant or any member of the household from occupying the let property. For example it is not lawful for the landlord to change the locks of a tenanted property whilst the tenant is away.
Harassment
It is an offence for any person with intent to cause a tenant to either give up the occupation of the premises or any part thereof without proper notice on proper grounds. Committing acts, which are likely to interfere with the peace or comfort of the tenant or withdrawing services, which are reasonably required for the occupation of the property as a residence, will be deemed as harassment.
SAFETY REGULATIONS
THE GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1998
A landlord must, before a tenant takes occupation, have all gas appliances checked by a CORGI (Council of Registered Gas Installers) registered engineer, who must provide the landlord with a Landlord Gas Safety Record. In turn the landlord must provide the tenant with a copy of that safety record at the commencement of the tenancy. The landlord is obliged to have a similar check carried out annually and must provide the tenant with a copy of the safety record within 28 days of that check being carried out. The landlord must also keep a copy of each record for at least two years.
ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994
These regulations require that any person supplying electrical equipment must insure that it is safe and will not cause danger. Although there is not a specific requirement to test all electrical appliances as exists with gas, the landlord still has the same duty of care and is well advised to have an approval from a qualified electrician.
THE FURNITURE AND FURNISHINGS (FIRE)(SAFETY) REGULATIONS 1988 (AMMENDED 1993)
These regulations apply to such items of soft furnishings as chairs, sofas, futons, beds, cushions, seat pads and pillows (amongst others). All soft furnishings provided by a landlord must be proved to be fire resistant and comply with the above regulations.
SMOKE ALARMS
Although no regulations exist regarding smoke alarms all houses built after 1991 will now have a mains powered smoke alarm on each floor. It is well within the realms of a landlord's duty of care to have smoke alarms fitted in their property. |
