This page provides an overview of the legislation that applies to private rented properties.
If the government introduce new legislation we will update this area.
The Housing Act 2004 replaced The Housing Act 1985. It introduced a new way of assessing the condition of properties.
Housing Health and Safety Rating System (HHSRS)
Extends powers currently available to Local Authorities to tackle poor housing conditions. HHSRS assesses the condition of homes. It prioritises action based on the severity of the hazard.
It comprises of two categories, which incorporate 29 classes of hazard.
Category one hazards - local authorities must take action or make a landlord take action.
Category two hazards - local authorities have discretionary powers to act.
The Licensing of Houses in Multiple Occupation (HMO)
The Act introduces a mandatory national licensing scheme for larger high risk HMO’s.
A Licensable HMO is one occupied by 5 or more people and they share a kitchen, bathroom or toilet.
The Act also gives powers to extend licensing to other types of property:
Additional Licensing - other types of HMO
Selective Licensing - other private rented properties in specific areas.
This is all subject to carrying out consultation and getting the relevant approvals.
Other control provisions in relation to residential properties
Local Authority are able to take over the management of long-term empty properties.
Within the new Act there are also provisions for:
- Production of a home information pack before marketing any residential property for sale.
- An ombudsman scheme for estate agents.
- Changing the right to buy scheme.
- Strengthening the rights of park home owners.
- Allows the Housing Corporation to give social housing grants to non-registered social landlords.
- Enabling local authorities to secure occupation of long-term empty private sector homes.
- Establishes tenancy deposit schemes safeguarding deposits paid in connection with assured shorthold tenancies.
- Assessing the accommodation needs of Gypsies and travellers in their area.
- Tackling anti-social behaviour in social housing.
- Allow occupiers of caravans to apply for a disabled facility grant
These regulations place a duty on any individual managing the HMO, either a landlord or agent.
They must:
- Provide the manager's name, address and telephone number. This information must be displayed within the property
- Ensure that fire safety measures within the property are adequate
- Maintain adequate water supply and drainage to the dwelling
- Not cause the electric and gas supply to be cut off
- Inspect and test the gas supply and appliances every year
- Inspect and test the electrical installation every five years
- Provide copies of all safety/testing certificates when requested
- Ensure that all common parts of the HMO are in good and proper working condition. This includes out-buildings, boundaries and gardens
- Ensure that the property and its contents are clean before anyone moves in
- Provide adequate facilities to dispose of all waste produced by the property
Duties are also placed on every occupier of the HMO.
They must:
- Not hinder or frustrate the manager in the performance of their duties
- Allow the manager to enter the living accommodation at all reasonable times to carry out repairs
- Provide the manager with information he may need to carry out any duties
- Take reasonable care to avoid causing damage to anything which does not belong to him
- Properly store and dispose of litter
- Follow instructions from the manager in respect of what to do in the event of a fire.
This Act came in to force on 13 May 2016. It aims to stop unsatisfactory practices and criminal activity using the following:
- Rent Repayment Orders
- Database of Rogue Landlords and Letting Agents
- Banning Orders. Prevents a person from letting a property
- Recovering Abandoned Property. Allows landlords to recover abandoned properties without going to court.
- Electrical Safety Standards. Ensure safety standards are met.
- Houses in Multiple Occupation. Checks carried out to ensure the applicant is legally resident in this country.
- Tenancy Deposit Schemes. Deposits must be placed in one of the government approved tenancy deposit scheme.
- Client Money Protection. Landlords and tenants get their money back if an agent gets in to financial difficulties.
- Neighbourhood Planning. Simplifies the neighbourhood planning process to support communities. An example of this is the Article 4 provision in Falmouth.
- Civil Penalties. Penalties of up to £30,000 issued as an alternative to prosecution.
One of the aims is to prevent retaliatory evictions. This is where a landlord serves a possession notice on a tenant because they have made a complaint.
Preventing retaliatory evictions
We have adopted to same process a tenant has to follow for dealing with housing complaints. This ensures that tenants receive protection.
The use of a Section 21 notice may no longer be possible if a notice is served after an inspection. This can be either an improvement notice or emergency remedial action notice. This protection lasts for a period of up to 6 months from the date the notice was served.
Exemptions
Where there is proof that the conditions within the property have been caused by the tenant.
If the property is genuinely on the market for sale at the time the section 21 notice is served.
Format of the Section 21 Notice
There is now a prescribed form which the Section 21 notice must take.
All private rented properties in England must have an Energy Performance Certificate (EPC) rating of E.
Exemptions are available where it is not possible to meet an EPC band E. Most exemptions are valid for 5 years.
These include:
- All the relevant (low cost) energy efficiency improvements have been installed. The property remains below an E;
- A recommended measure (relevant energy efficiency improvement) will cost more than £3500;
- Wall insulation such as cavity, external or internal wall insulation is not appropriate. This could be due to its potential negative impact on the fabric or structure of the property;
- The landlord cannot get the required consent or permission for improvement work. This could include where consent has unreasonable conditions attached;
- Written evidence from a qualified expert states that the measure will reduce a property’s value by 5%;
- The landlord has only recently become the landlord (six month exemption)
What happens if my property does not to comply?
Where a property has been let and does not meet the minimum standard, a landlord may be liable for a fine of up to £4000. An exemption must be in place to avoid this.
What do I need to do?
You must make yourself aware of the regulations and the options available. This will be to either comply or achieve an exemption.
For full details please read the Energy Efficiency Regulations.
What if I am a tenant living in an F of G rated property?
A tenant can make reasonable requests for relevant energy efficiency improvements. A relevant improvement will only be reasonable if it can be financed within the cost limit to the landlord.
There may be funding provided by central or local government or other bodies. The improvement could be wholly funded by the tenant, or financed by a combination of those two arrangements.
All private rented properties must have a smoke alarm fitted on every floor. There must be a carbon monoxide alarm in any room containing a solid fuel burning appliance. The landlord must also make sure the alarms are in working order at the start of each new tenancy.
Please see the Government's explanatory booklet for landlords for further information.
Who will enforce the Regulation?
The Council's Private Sector Housing team will carry out this role.
Enforcement Principles
Principle 1 - The process of determining the fine will be inclusive, open and transparent.
Principle 2 - The fine imposed is reasonable and covers the full cost to the Authority of enforcement.
Principle 3 - It is reasonable to assume only a small number of cases will result in non-compliance. The cost of all interventions must be covered by fines associated with a limited number of cases.
Principle 4 - The enforcement of the Regulations will form part of the everyday work of the Private Sector Housing team.
Cornwall's Landlord Liaison Group considered and determined the level of penalty charge. The group identified and supported the principles and felt they were appropriate. The group comprises of the major landlord representative bodies active in Cornwall.
How to comply
The Government has provided guidance in their explanatory booklet for landlords
What will happen if I do not comply?
1. A remedial notice issued to the person considered responsible. The notice gives 28 days to comply.
2. If the remedial notice is not complied with, Private Sector Housing will arrange for the work to be completed. The landlord will be required to pay a penalty charge.
3. Cornwall Council will seek to recover the penalty charge through the courts.
How much will the penalty charge be?
£5,000
The Regulatory Reform (Fire Safety) Order 2005 replaced the Fire Precautions Act 1971.
The Order places the responsibility on individuals to carry out risk assessments. This is to identify, manage and reduce the risk of fire within common areas of buildings.
The Order came into force on 1 October 2006.
Cornwall Fire and Rescue Service enforce this legislation.
Which properties are covered?
Any property used for residential purposes where there are common parts. This may include bedsits and flats both converted and purpose built.
LACORS Fire Safety Guidance
As its name suggests, the LACORS Guidance is exactly that. It is guidance. It is not a set of standards which you must meet, because it acknowledges that other solutions may be just as good.
The Guidance is risk based. The intention is that if you follow the Guidance you should meet a satisfactory standard of fire safety in that property.
LACORS is the body which co-ordinates local authority regulators. This document contains guidance for landlords and fire safety enforcement officers.
The introduction of the Immigration Act 2016 and amends the Immigration Act 2014.
New provisions have introduced the criminal offence of “leasing premises” to someone who does not have a “right to rent”.
It is a criminal offence for a landlord to let a property to an illegal migrant. This can be with the landlords full knowledge or if they believe the person is an illegal migrant.
A landlord, or agent, who is guilty of the offence is liable on conviction to imprisonment for a term of up to five years.
The Act makes it easier for landlords to evict existing illegal migrant tenants. Landlords will be able to get a notice from the Home Office to end tenancies for occupants with no right to rent.
There are two recognised providers which all Letting Agents must sign up to.
Introduction to the Scheme
Membership of a redress scheme came into force on 1 October 2014. Letting agents and property managers had to join one of the Government approved schemes.
The schemes provide an escalated complaints process to consumers.
Property Redress Scheme
If an Agent does not join a redress scheme they can be subject to a £5,000 fine from the local authority. They may be closed down if they continue to breach the legal requirement to join.
After joining a scheme the Agent must follow the Ombudsman's decisions. Failure to do so may result in removal of the Agent from that scheme.
An Agent may be unable to join other government authorised consumer redress schemes.
DCLG Guidance
Further guidance can be sort through the Department of Communities and Local Government.
https://www.gov.uk/government/publications/lettings-agents-and-property-managers-redress-schemes