Property Battens Landlord and Tenant. Follow us on

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1 Property Battens Landlord and Tenant

2 Landlord and Tenant Update 2018 Jacqui Swann Battens Solicitors

3 Topics Section 21 potential obstacles Minimum Energy Efficiency Standards Regulations General Data Protection Regulations HMOs Housing and Planning Act 2016

4 Section 21 Notices potential obstacles The landlord must have secured the deposit and given prescribed information; Obtained an HMO licence if relevant; Provided an up to date: How to Rent Guide EPC A gas safety certificate No retaliatory eviction.

5 Accelerated Possession form Updated form: separate for England and Wales Was deposit returned? Dates for each document provided to the tenant. Provide all documents at the outset hard copy and if tenant will accept. Do inventory and schedule of condition at the same time and both parties to sign. Right to Rent checks.

6 Minimum Energy Efficiency Standards Regulations April 2018 Energy rating for new or replacement tenancies must be at least an E unless the property is exempt. Applies to Assured Shorthold Tenancies (ASTs) Succession tenancies under the Rent Act 1977 Agricultural worker tenancies

7 Does not apply to: Some listed buildings although there is not an automatic exemption Stand alone buildings with floor area less than 50m squared HMO rooms Furnished holiday accommodation Temporary buildings Places of worship

8 No cost to landlord Energy efficiency measures to be carried out using funding available via: Green Deal Finance Company Energy Company Obligations Local authority funding Central Government funding Third Party funding Golden Rule: 1 st year s repayments must not exceed estimated 1 st year s savings and repayment period must not exceed the lifetime of the measures installed

9 How it works Energy improvements carried out to the property. This results in a reduction in the amount of energy used. The tenant benefits from warmer and more efficient heating and slightly less energy bills. The difference between the energy cost and the extra the tenant pays, repays the loan.

10 Exemptions No required works can be done at no cost to the landlord. All works have been done and the property is still below an EPC rating of E. Third party consent is required and cannot be obtained. Independent surveyor: carrying out the works will reduce the market value by more than 5%. An expert states that carrying out some measures would have a negative impact on the property. PRS Exemptions Register responsibility of the landlord to put themselves on it. Lasts 5 years. All Funding options must be explored before going on the Register.

11 1 April 2020 All new and existing tenancies will have to comply or register as exempt by this date. Consider clause in the AST permitting access for carrying out improvement works. Enforcement fine of up to 5,000 for each breach.

12 General Data Protection Regulations 25 May 2018 A small step up from the Data Protection Act 1998 Data controller and processor needs to be able to demonstrate compliance Must have a lawful basis for processing: Consent of data subject Necessary for the performance of a contract Necessary for compliance with a legal obligation

13 GDPR What you should do now? Look at the Information Commissioner s Office (ICO) website 12 steps to take now. Ensure that decision makers know about the new regulations and designate some to take responsibility for compliance. Document what data you hold, where it came from and who you share it with. Check you data security and encryption. Privacy Notice

14 HMOs 1 October 2018 HMOs Expansion of mandatory licensing Currently 3 storeys, at least 5 occupants consisting of more than 1 household. Additional and selective licensing. Standard test: 1 or more units of living accomm occupied by more than 1 household; only or main residence, rent paid for at least 1, 2 or more share 1 or more basic amenity

15 Housing and Planning Act 2016 Part 3 HPA Recovering abandoned premises without court proceedings 3 warning notices under Section 59 Then S57 Notice deadline the day it is served Part 5 HPA Electrical Safety Standards Consultation underway