The House of Lords Industry and Regulators Committee publishes letter to the Government following conclusion of its Inquiry into regulation of property agents recommending property agent regulation.
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Evolution of the private rented sector
2024
March
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Essential Reading: Our Insight
2023
November
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Update on the Renters (Reform) Bill during the King’s Speech
Essential Reading: Our InsightAn update is given on the Renters (Reform) Bill during the King’s Speech which suggests that it will progress through Parliament, but implementation will be subject to reforms of the Court system to speed up possession proceedings.
May
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Renters (Reform) Bill presented to Parliament
Essential Reading: Our InsightThe Renters (Reform) Bill is presented to Parliament. This Bill will abolish Section 21 Notices and Assured Shorthold Tenancies. It will only be possible to create Assured Tenancies once the Bill becomes law.
2022
October
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Consultation on Decent Homes Standard in the private rented sector in England
Closure of consultation on a Decent Homes Standard in the private rented sector.
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The Smoke and Carbon Monoxide Alarm (amendment) Regulations 2022 come into force
These introduce new requirements on carbon monoxide alarms in the private rented sector. The Government has produced updated guidance.
September
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Temporary adjustments on right to rent checks during Coronavirus pandemic due to end
The temporary adjustments made to the right to rent scheme to enable landlords to carry out checks over video calls and accept scanned documents or photos of documents will cease on 30 Setembr 2022. From 1 October 2022, landlords will need to check the applicant’s original documents or their right to rent via the Home Office’s online scheme.
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Government publishes response to its consultation on widening access to the Rogue Landlord Database
The Government confirms that it plans to introduce a new Property Portal (as part of the White Paper on the private rented sector) which will contain information confirming whether landlords have complied with relevant requirements which will be accessible by tenants and local authorities. The Government intends to incorporate some of the functionality of the existing Database of Rogue Landlords into the proposed Property Portal.
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Consultation on Decent Homes Standard in the private rented sector in England
The Government launches a consultation on introducing a Decent Homes Standard into the private rented sector. This already exists in the social rented sector and the Government proposes that homes in the private rented sector should be free from a specified list of hazards together with other requirements for the property to be in a reasonable state of repair with a legal duty on landlords to maintain prescribed standards.
June
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The Government publishes White Paper: A fairer private rented sector
Essential Reading: Our InsightThis proposes the abolition of fixed-term Assured Shorthold Tenancies. Tenants will be able to give two months’ notice if they wish to vacate. Landlords will need to establish a ground for possession. Properties will need to meet a Decent Home Standard. At the same time, the Government publishes its response to its consultation on banning Section 21 Notices.
May
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The Queen’s Speech takes place containing announcements for the Private Rented Sector
Essential Reading: Our InsightThe Government reiterated its intention to ban Section 21 Notices together with proposals to apply a Decent Homes Standard, introduce a new Ombudsman and a property portal to assist landlords in understanding their obligations.
April
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Home Office publishes revised versions of the Code of practice on right to rent
Essential Reading: Our InsightThe Codes of Practice are updated to reflect various legislative changes which enable digital ID checks.
February
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Government publishes Levelling Up White Paper
Essential Reading: Our InsightThe Levelling Up White Paper repeats the Government’s intention to abolish Section 21 Notices and suggests that a White Paper on the private rented sector is expected in Spring 2022.
2021
December
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Temporary Practice Direction concerning Possession Claims extended in certain circumstances
Under the Civil Procedure Rules, temporary Practice Direction 55C was due to expire on 30 November 2021. However, it will continue to apply to all possession claims issued on or before 1 December 2021 in full. For claims issued after 1 December 2021 until 30 June 2022, paragraphs 6.1 and 6.2 will continue to apply.
November
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HMCTS announces Possession Reform project
The project will commence in early 2022 with the aim of automating and streamlining the Court possession process.
October
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Notice periods for certain residential tenancies revert to pre-pandemic notice periods
Essential Reading: Our InsightCertain provisions of the Coronavirus Act 2020 are suspended until 25 March 2022 with the effect that notice periods for certain residential tenancies in England revert to the pre-pandemic notice periods and there are new prescribed forms for Section 21 Notices and Section 8 Notices.
August
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House of Commons Briefing Paper published on regulation of estate agents
The Briefing Paper outlines the steps taken by The Regulation of Property Agents Working Group and Government consultations on the regulation of estate agents. A code of practice is being developed for property agents in all aspects of residential property.
July
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Changes to right to rent scheme for EEA and Swiss Citizens
EEA Citizens and their family members require an immigration status in the UK from 1 July 2021. There are changes to the documents landlords can accept when undertaking right to rent checks from 1 July 2021 as set out in the Government guide: Landlord’s guide to right to rent checks.
June
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Further changes to residential tenancy notice periods during COVID-19
Essential Reading: Our InsightThe Coronavirus Act 2020 is amended by further regulations and the notice periods for certain residential tenancies in England are reduced to 4 months. Section 21 Notices require 4 months’ notice to be given. Section 8 Notices require 4 months’ notice for many grounds with 4 weeks’ notice if the landlord seeks to rely on arrears and the amount outstanding is over 4 months’ rent for the termination of assured or assured shorthold tenancy until 30 September (subject to extension).
May
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The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 come into force
Essential Reading: Our InsightThese Regulations enable individuals to apply for a standard breathing space moratorium or a mental health crisis moratorium. If a moratorium is put in place, this is likely to impact upon action which may be taken by landlords to recover arrears from that individual tenant.
April
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Electrical Safety Standards will apply to existing tenancies from 1 April 2021
Essential Reading: Our InsightThe Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 apply to all existing specified tenancies from 1 April 2021.
The legislation aims to ensure that electrical safety standards are met where residential premises are occupied under a specified tenancy. The legislation will apply to most residential tenancies except long leases, social housing, student halls of residence, hostels, care homes and hospitals.
March
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Further extension of restrictions for residential tenancies during COVID-19
Essential Reading: Our InsightThe extended notice periods for certain residential tenancies in England to 6 months were originally due to remain in force until 31 March 2021. However, that date has now been further extended to 31 May 2021 through the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021.
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Further extension of ban on residential evictions
Essential Reading: Our InsightThere has been a further extension of the ban on enforcement of possession orders at residential dwellings in England from 31 March 2021 to 31 May 2021 through the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021.
February
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Further extension of ban on residential evictions
Essential Reading: Our InsightThere has been a further extension of the ban on enforcement of possession orders at residential dwellings in England from 21 February 2021 to 31 March 2021 through The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021.
January
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Ban on evictions due to be lifted
Essential Reading: Our InsightThe Government has extended the ban on enforcement of possession orders at residential dwellings in England from 11 January 2021 to 21 February 2021 through The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 which come into force today.
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Consultation on Minimum Energy Performance of private rented property
Essential Reading: Our InsightClosure of consultation on Improving the Energy Performance of Privately Rented Homes in England and Wales.
2020
November
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Ban on evictions until 11 January 2021
Essential Reading: Our InsightThe Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 came into force on 17 November 2020. These prevent, except in certain circumstances, the enforcement of a possession order at a residential dwelling in England. The Regulations expire on 11 January 2021.
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New legislation governing right to rent checks
The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practices) (Amendment) Order 2020 comes into force. The overall obligations under the right to rent scheme remain unchanged but landlords and agents will need to familiarise themselves with adjustments to the prescribed requirements which include an ability to use the Home Office online checking service. A revised code of practice has also been published which can be found here.
September
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Consultation on Minimum Energy Performance of private rented property commences
Essential Residential: Our InsightThe Department for Business, Energy and Industrial Strategy publishes a consultation: Improving the Energy Performance of Privately Rented Homes in England and Wales which explores the possibility of raising the minimum energy performance rating from E to C. The proposals are made for new tenancies of private rented property from 2025 and for existing tenancies from 2028.
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Lifting stay on possession proceedings
The stay on possession proceedings which came into force during the Coronavirus pandemic is due to be lifted on 20 September 2020.
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Draft Code of Practice for Regulation of Property Agents
Closure of consultation on the draft code of practice.
August
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Further restrictions for residential tenancies during COVID-19
The Coronavirus Act 2020 is amended and the notice periods for certain residential tenancies in England are extended to 6 months. Section 21 Notices require 6 months’ notice to be given. Section 8 Notices require 6 months’ notice for the majority of grounds with 4 week’s notice if the landlord seeks to rely on arrears and the amount outstanding is over 6 months’ rent for the termination of assured or assured shorthold tenancies until 31 March 2021 (with power for this date to be further extended).
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Stay on possession proceedings extended
Essential Reading: Our InsightPractice Direction 55C under the Civil Procedure Rules 1998 comes into effect. Originally the stay of possession proceedings was due to be lifted on 23 August 2020 but this was extended until 20 September 2020.
July
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Draft Code of Practice for Regulation of Property Agents is published
Essential Reading: Our InsightA draft overarching Code of Practice for the regulation of property agents is published upon which The Royal Institute of Chartered Surveyors and The Property Ombudsmen are consulting. The Regulation of Property Agents (RoPA) Steering Group will review responses after closure of the consultation on 4 September 2020.
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New electrical safety standards in the private rented sector
Essential Reading: Our InsightThe Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to new specified tenancies from 1 July 2020 and all existing specified tenancies from 1 April 2021.
The legislation aims to ensure that electrical safety standards are met where residential premises are occupied under a specified tenancy. The legislation will apply to most residential tenancies except long leases, social housing, student halls of residence, hostels, care homes and hospitals.
June
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Court of Appeal decision on gas safety certificates and possession
Essential Reading: Our InsightThe Court of Appeal handed down its long awaited decision in the case of Trecarrell House Limited v. Rouncefield [2020] EWCA Civ 760. By a majority of 2 to 1, the Court of Appeal allowed the landlord’s appeal and determined that a landlord may serve a valid Section 21 Notice even if it has served a gas safety certificate on the tenant late (i.e. after the tenant moves into a property rather than before), provided that the gas safety certificate is given before the Section 21 Notice.
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Government announces extension to stay of possession proceedings during Coronavirus outbreak
Essential Reading: Our InsightThe MHCLG announces that the existing stay of possession proceedings until 25 June 2020 will be extended by 2 months until 23 August 2020.
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Tenant Fees Act 2019
The Tenant Fees Act 2019 will apply to all existing assured shorthold tenancies from 1 June 2020.
April
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Court of Appeal decision on right to rent
Essential Reading: Our InsightThe Court of Appeal handed down judgment in the decision of The Secretary of State for the Home Department v. The Queen on the Application of the Joint Council for The Welfare of Immigrants [2020] EWCA Civ in which the Court of Appeal confirmed the right to rent scheme is proportionate and justified and landlords must continue to comply with the requirements of the scheme when letting residential properties within the private sector.
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Minimum Energy Efficiency Standards
Essential Reading: Our InsightMinimum Energy Efficiency Standards apply to existing private sector residential lettings from 1 April 2020 so that any qualifying domestic tenancies must have an EPC rating of F or G.
March
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COVID-19 - Temporary adjustments to right to rent checks
The Home Office issues guidance announcing that right to rent checks are temporarily adjusted due to the Coronavirus outbreak with permission being granted for checks to be carried out over video calls and the acceptance of scanned or photographs of documents rather than originals from tenants.
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Stay of possession proceedings during Coronavirus outbreak
Essential Residential: Our InsightFollowing the Coronavirus outbreak, a new Practice Direction is introduced into the Civil Procedure Rules 1998 which stays all new and existing possession proceedings against residential tenants for three months from 27 March 2020.
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The Coronavirus Act
The Coronavirus Act comes into force on 25 March 2020 which requires all Section 21 Notices and Section 8 Notices (whichever ground of possession is relied upon) to give at least three months' notice of termination of an assured or assured shorthold tenancy until 30 September 2020 (there is a power to extend this date in the Act).
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The Homes (Fitness for Human Habitation) Act 2018
From 20 March 2020, The Homes (Fitness for Human Habitation) Act 2018 applies to all existing periodic assured, secure and introductory tenancies including those which commenced before the Act came into force on 20 March 2019.
It introduces an implied covenant into short leases of less than seven years, to which the Act applies, that the property is fit for human habitation at the date the lease is granted and throughout the term of the lease.
January
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Funding to tackle rogue landlords
The MHCLG announces that 100 councils in England have been awarded a share of £4 million to tackle rogue landlords and agents. The funding is to be used for purposes such as training over 100 enforcement offices and to trial new technology.
2019
December
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Renters’ Reform Bill
In the background briefing to the Queen's Speech, the Renters' Reform Bill is announced to include the abolition of Section 21 of the Housing Act 1988 and reforms to the grounds of possession available under Section 8. The Bill is not published in draft form.
November
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First Banning Order against a rogue landlord in London
The London Borough of Camden obtained the first banning order against a rogue landlord in London. Judgment was issued by the First-Tier Tribunal (Property Chamber) in the case of London Borough of Camden v. Mr Cesar De Sousa Melo. The First-Tier Tribunal (Property Chamber) granted a banning order for four years from 8 March 2020 preventing Mr Cesar De Sousa from letting housing in England and/or engaging in the letting or management of property in England as a result of offences he had been convicted of in respect of several properties.
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Private Rented Sector Innovation and Enforcement Grant Fund 2019/20: prospectus
MHCLG publishes Private Rented Sector Innovation and Enforcement Grant: prospectus to enable local authorities to apply for funding to support short-term initiatives which help them take enforcement action against rogue landords. The deadline for applications closed on 1 December 2019.
October
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Consultation on reform to the rogue landlord database
Closure of MHCLG consultation: Rogue Landlord Database Reform: Widening Access and Considering the Scope of the Database of Rogue Landlords and Property Agents.
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Consultation on the abolition of Section 21 Notices
Closure of MHCLG consultation: A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants.
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New rogue landlords and letting agents toolkit
MHCLG publishes a toolkit including an interactive learning module and a knowledge bank of technical questions and answers to support local authorities in taking enforcement action against rogue landlords and letting agents.
September
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Guidance on right to rent checks after Brexit
The Home Office publishes an update to its guidance on right to rent checks for EU, EEA and Swiss citizens after Brexit and confirms that there will be no changes to the right to rent for EU, EEA and Swiss citizens and their families living in the UK until 31 December 2020 if the UK leaves the EU without a deal.
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Tenancy Deposit Reform: A Call For Evidence
Closure of call for evidence on Tenancy Deposit Reform.
August
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Update to right to rent guide
MHCLG updates A short guide on right to rent to include right to rent checks for nationals from Australia, Canada, Hong Kong, Japan, Singapore, South Korea and the United States who are visiting the UK for up to six months.
July
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Consultation on rogue landlord database reform
The MHCLG publishes a consultation Rogue Landlord Database Reform: Widening Access and Considering the Scope of the Database of Rogue Landlords and Property Agents.
The Rogue Landlord and Property Agents Database was introduced in April 2018 to help local authorities take enforcement action against rogue landlords and property agents.
The consultation seeks views on whether the scope of persons who may access the database should be widened to include tenants and potential tenants and whether a landlord or agent should be required to disclose to a tenant if they appear on the database. In addition, the consultation considers widening the scope of the offences which may trigger inclusion on the database.
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Consultation on the abolition of Section 21 Notices
The MHCLG publishes consultation: A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants.
The Government proposes to abolish assured shorthold tenancies and Section 21 Notices. It seeks to increase the number of statutory grounds upon which a landlord can seek possession of a tenancy let on an assured tenancy.
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Recommendations on the regulation of property agents
The working group on Regulation of Property Agents publishes its report.
The main recommendations are:- to regulate property agents by creating an independent regulator and introducing mandatory qualifications and a code of practice;
- regulation to cover estate agents in the UK and letting and managing agents in England together with auctioneers, property guardian providers and online agents but not online portals;
- introduce a mandatory licensing scheme overseen by the regulator; and
- establish a new public body to undertake the role of regulator.
June
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Tenancy Deposit Reform: A Call For Evidence
The MHCLG publishes a call for evidence on any barriers that tenants' face when providing a second deposit and seeking views on alternative approaches to help tenants move.
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A review of selective licensing
The MHCLG publishes an independent review of the use and effectiveness of selective licensing. Selective licensing enables local authorities to extend the benefits of licensing beyond large Houses in Multiple Occupation and focus on improving the management of privately rented properties in certain areas designated for selective licensing. The Government's report concludes that selective licensing should be retained.
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New prescribed form Section 21 Notice
A new prescribed form Section 21 Notice is introduced under The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019.
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The Tenant Fees Act 2019
The Tenant Fees Act 2019 comes into force which restricts the fees that may be charged by a landlord or letting agent to a tenant of an assured shorthold tenancy ("AST") in relation to tenancies granted after 1 June 2019.
It will apply to all existing ASTs from 1 June 2020.
April
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Section 21 Notices to be abolished?
The Government announces plans to abolish Section 21 of the Housing Act 1988 so that landlords are no longer able to serve a Section 21 Notice to terminate an assured shorthold tenancy ("AST") in England. Under the current rules, a landlord can serve a Section 21 Notice giving at least two months' notice to terminate an AST without needing to give a reason for terminating the tenancy.
It also confirms it has scrapped its idea of introducing a three-year tenancy model with a one off break clause which may be exercised by the landlord at six months and supports flexible and open ended tenancies.
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New Local Authority guidance against rogue landlords
The MHCLG publishes guidance for local authorities on the powers available to them to take enforcement action against rogue landlords entitled: Rogue landlord enforcement: guidance for local authorities.
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New guidance for landlords and tenants
The MHCLG publishes guidance: Landlord and tenant rights and responsibilities in the private rented sector.
March
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The Homes (Fitness for Human Habitation) Act 2018
The Homes (Fitness for Human Habitation) Act 2018 comes in force.
This applies to properties in England and introduces an implied covenant into certain short leases (including assured and assured shorthold tenancies) granted after 20 March 2019 of less than seven years that the property is fit for human habitation at the date the lease is granted and throughout the term of the lease.
January
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Government’s response on electrical safety consultation
MHCLG publishes the Government's response to Electrical safety in the private rented sector.
The Government proposes to introduce new rules for electrical inspections in private rented accommodation to be carried out by competent and qualified inspectors every five years. Financial penalties are proposed for those who fail to comply with the legislation.
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Government response on housing market redress
The Government publishes its response to Strengthening consumer redress in the housing market. The Government’s proposals include:
establishing a Housing Complaints Resolution Service as a single point of access for tenants, leaseholders of residential premises, purchasers of new build homes and users of residential property agents;
establishing a Redress Reform Working Group to develop proposals;
creating a New Homes Ombudsman for buyers of new build homes; and - requiring all private landlords to become members of a redress scheme.
2018
November
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Considering the case for a Housing Court: call for evidence
MHCLG publishes Considering the case for a Housing Court: call for evidence to consider the experiences of private landlords in possession actions in the County Court, the experience of Court and Tribunal users and views on the transfer of property cases from the Courts to the First-Tier Tribunal (Property Chamber) and vice-versa.
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New grants available to tackle rogue landlords
The MHCLG publishes Rogue Landlords Enforcement Grant: prospectus to enable organisations to apply for grants to enable local authorities to share ideas regarding enforcement against rogue landlords and poor housing standards. The deadline for applications closed on 30 November 2018.
April
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New Consultation on housing market redress
Closure of consultation: Strengthening consumer redress in the housing market: A Consultation.
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Electrical safety in the private rented sector
Closure of consultation: Electrical safety in the private rented sector.
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New database of rogue landlords and property agents
The Rogue Landlords and Property Agents Database is introduced and the MHCLG publishes guidance for local authorities on using the database including the criteria for determining whether an entry is to be made on the database.
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New regulations to ban rogue landlords and letting agents
The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018 came into force.
If a landlord or letting agent has been found guilty of certain offences listed in the regulations, the local authority can ask the First-Tier Tribunal (Property Chamber) to issue a banning order to prevent the landlord or letting agent from letting the property for a period of time (not less than 12 months). The local authority then has a discretion to make an entry on the Rogue Landlords and Property Agents Database.
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Government publishes response on the regulation of letting and managing agents
The MHCLG publishes the Government's response to the call for evidence on protecting consumers in the letting and managing agents market.
The key proposals are:
- to establish a code of practice for letting and managing agents governed by an independent regulator;
- to require letting and managing agents to undertake mandatory qualifications in order to practice; and
- to set up a working group to develop a regulatory regime.
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Minimum energy efficiency standards for new lettings
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 come into force in relation to domestic private rented property on 1 April 2018. These introduce Minimum Energy Efficiency Standards to new lettings of private rented properties in England and Wales. Unless an exemption applies, when a new tenancy is granted of residential property, it must hold an Energy Performance Certificate of at least an "E" rating.
February
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Government consultation on electrical safety
The MHCLG publishes a consultation paper entitled: Electrical safety in the private rented sector, which seeks views on the recommendations of the Private Rented Sector Electrical Safety Working Group.
Those recommendations include a requirement for residential properties in England to be subject to mandatory electrical installation checks every five years and for landlords to provide an Electrical Installation Condition Report to a tenant at the beginning of a tenancy.
2017
October
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Government publishes call for evidence on the regulation of letting and managing agents
The DCLG publishes a call for evidence on Protecting consumers in the letting and managing agent market seeking views on whether a new regulatory model is needed for agents in the leasehold and private rented sectors.
February
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Publication of Housing White Paper
The then DCLG publishes a Housing White Paper: Fixing our broken housing market commencing a consultation on changes to planning policy and legislation in relation to planning for housing, sustainable development and the environment.
The paper details the Government’s intention to review the planning system to ensure that homes are built quickly once planning permissions are granted, and the private rented market to “make renting fairer” for tenants and the leasehold sector to “promote transparency and fairness” by reviewing ground rent structures and the sale of leasehold properties.