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Laura Bushaway, Knowledge Development Lawyer
30 September 2022
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.
10 May 2022
The 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.
06 April 2022
The Codes of Practice are updated to reflect various legislative changes which enable digital ID checks.
07 February 2022
The 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.
01 December 2021
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.
23 November 2021
The project will commence in early 2022 with the aim of automating and streamlining the Court possession process
01 October 2021
Certain 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.
09 August 2021
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.
01 July 2021
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.
01 June 2021
The 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).
04 May 2021
These 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.
01 April 2021
The 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.
31 March 2021
The 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.
30 March 2021
There 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.
21 February 2021
There 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.
11 January 2021
The 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.
08 January 2021
Closure of consultation on Improving the Energy Performance of Privately Rented Homes in England and Wales.
17 November 2020
The 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.
02 November 2020
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 .
30 September 2020
The 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.
20 September 2020
The stay on possession proceedings which came into force during the Coronavirus pandemic is due to be lifted on 20 September 2020.
04 September 2020
Closure of consultation on the draft code of practice.
29 August 2020
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).
23 August 2020
Practice 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.
20 July 2020
A 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.
01 July 2020
The 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.
18 June 2020
The 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.
09 June 2020
The MHCLG announces that the existing stay of possession proceedings until 25 June 2020 will be extended by 2 months until 23 August 2020.
01 June 2020
The Tenant Fees Act 2019 will apply to all existing assured shorthold tenancies from 1 June 2020.
21 April 2020
The 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.
01 April 2020
Minimum 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.
30 March 2020
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.
27 March 2020
Following 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.
25 March 2020
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).
20 March 2020
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.
03 January 2020
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.
19 December 2019
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.
08 November 2019
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.
04 November 2019
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.
12 October 2019
Closure of MHCLG consultation: Rogue Landlord Database Reform: Widening Access and Considering the Scope of the Database of Rogue Landlords and Property Agents.
12 October 2019
Closure of MHCLG consultation: A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants.
02 October 2019
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.
20 September 2019
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.
05 September 2019
Closure of call for evidence on Tenancy Deposit Reform.
02 August 2019
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.
21 July 2019
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.
21 July 2019
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.
18 July 2019
The working group on Regulation of Property Agents publishes its report.
The main recommendations are:
27 June 2019
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.
25 June 2019
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.
01 June 2019
A new prescribed form Section 21 Notice is introduced under The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019.
01 June 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.
15 April 2019
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.
09 April 2019
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.
09 April 2019
The MHCLG publishes guidance: Landlord and tenant rights and responsibilities in the private rented sector.
20 March 2019
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.
29 January 2019
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.
24 January 2019
The Government publishes its response to Strengthening consumer redress in the housing market. The Government’s proposals include:
13 November 2018
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.
08 November 2018
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.
16 April 2018
Closure of consultation: Strengthening consumer redress in the housing market: A Consultation.
16 April 2018
Closure of consultation: Electrical safety in the private rented sector.
06 April 2018
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.
06 April 2018
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.
01 April 2018
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:
01 April 2018
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.
17 February 2018
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.
16 October 2017
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.
07 February 2017
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.
