Not only do leaseholders who operate as landords have to adhere to the terms of their leases, they also have to abide by a large amount of legislation regarding the renting of their properties. There are far too many to put them all on this site but some of the main ones are:
- The Tenant Fees Act 2019 is due to become implemented on 1st June 2019 and will ban letting fees paid by tenants in the private rented sector as well as capping tenancy deposits;
- The Homes (Fitness for Habitation) Act 2018 now implies a covenant (promise) into a residential tenancy to ensure that the property is fit for human habitation at the beginning of the tenancy and throughout and expanding on s11 of the Landlord and Tenant Act 1985 which defined landlord liability as only repairing things which were damaged or broken, in other words in disrepair;
- The Deregulation Act 2015 which introduces 2 different regimes for the serving of s21 notices under an Assured Shorthold Tenancy. Which one is actually used depends on whether the AST commenced before or after the 1st October 2015. The Act also provides new protections for tenants under what has become known as ‘retaliatory evictions’;
- The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 which provide for all new rented properties from 1st April 2018 to have a minimum energy performance rating of E or higher. Letting a property with a rating lower than this will be classed as an illegal let.
From 1st April 2020 this will apply to all rented properties regardless of how long the tenancy has been in existence and regardless of whether they are of a fixed term or periodic.
Enforcement will be by Local Authorities, usually by Trading Standards, or Environmentaal Health OfficersThe
- The Immigration Act 2014 which requires private sector landlords to check the immigration status of their tenants under the Right to Rent Scheme;
- The Localism Act 2011 which requires the landlord to pay 1-3 times the deposit amount if it is not placed within a deposit protection scheme;
- The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 which requires the landlord to supply the tenant with prescribed information regarding any tenancy deposit that is required to be dealt with under either a) the custodial scheme or b) the insurance backed schemes;
- The Housing Act 2004 which is the overarching legislation governing the standard of rental properties and consisting of 7 parts;
- The Housing Act 1988 which provides a number of grounds for landlords to use if tenants breach the tenancy agreement.
- The Protection from Eviction Act 1977 which has as one of its key areas protection for tenants against harrassment by their landlords;
- The Tortes Interference With Goods Act 1977 deals with tenants leaving items behind when they vacate the property.
- The Rent Act 1977 consolidated all the Rent Acts introduced since 1915 and a tenancy granted before January 1989 under the Act makes it a regulated tenancy.This type of tenancy protects tenants of residential property by preventing landlords charging unfair rents and giving them the right to remain in occupation even after the contract term of the tenancy has ended.