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Colin Hunter Partner Disputes Team Coodes Solicitors

Legal Update 2015

1747

Lexcel &IIP Accredited Law Firm 12 Teams of Specialists 70 Lawyers 172 Personnel

9 offices across Cornwall and Devon Truro St Austell Newquay Penzance Falmouth Liskeard Launceston St Ives Holsworthy

Expertise in… Rural Services Commercial Property Corporate & Commercial Crime Personal Disputes Commercial Disputes Employment Family & Divorce Mental Health & Community Care Personal Injury & Clinical Negligence Residential Property Wills, Probate & Trusts

“Many people come to law firms at times of great stress and pressure. Our goal is to guide our clients through the legal system, providing solutions for their needs. Our ambition is to ensure that our service is so good that if they need further legal advice in the future, their immediate reaction is to come back to Coodes” Gerard Hickie, Coodes LLP CEO 2015 Our Goal and Ambition

The October 2015 Changes Sections 30 – 41 Deregulation Act 2015

-Effective from 1 October Applicable in England only -Restrict how and when Section 21 Notices are served and enforced -New prescribed Section 21 Notice

What tenancies are affected? -All ASTs granted on or after 1 October Not applicable to fixed term ASTs granted pre 1 October 2015 (even if become statutory periodic tenancy after 1 October 2015). -All ASTs in situ after 1 October 2018 (irrespective of when created)

What is the new Notice? ‘Form 6A’

1. Cannot serve within first four months of the AST 2. Cannot serve when Landlord is in breach of a ‘prescribed requirement’ Prescribed requirements relate to: - The condition of the property - The health and safety of the occupants - The energy efficiency of the property Currently cannot serve unless have provided to tenant either:- - An Energy Performance Certificate (free of charge) Or - A Gas Safety Certificate (copy will suffice) Service Restrictions

3. Cannot serve unless have provided to tenant :- - DCLG: ‘How to rent booklet: the checklist for renting in England’ (not required to update as new versions come out) - or hard copy Not required if: - Are a private registered provider of social housing - New tenancy and booklet provided under earlier tenancy and still up-to-date Service Restrictions Continued…

The ‘retaliatory eviction’ provisions 4. Cannot serve when:- - Tenant has made written complaint about condition of premises or common parts And - Landlord has not responded within 14 days or given an inadequate response or serves a Section 21 Notice And - Tenant complains to LHA who serve a ‘relevant notice’ Service Restrictions Continued…

Section 21 may not be given:- a) Within 6 months of service of the ‘relevant notice’. b) Where the ‘relevant notice’ is suspended within 6 months of that suspension - ‘Inadequate response’ - ‘relevant notice’ Service Restrictions Continued…

Retaliatory eviction restrictions do not apply:- - Where condition of premises is due to breach by tenant of duty to use property in tenant-like manner /express term of tenancy to that effect. - At the time the Notice is given the property is genuinely on the market for sale Exemptions

Other Restrictions - Must issue possession proceedings within certain time limits - Section 21 Notice : 6 months - Section 21 (4) Notice : 4 months from date specified. - If proceedings not started - new Section 21 Notice

Other Restrictions Cont’d - Tenant has right to rent apportionment of rent paid in advance for post Section 21 period - A Positive note! The need to specify last day of period of tenancy in Section 21 (4) Notice is removed

Practical Considerations - Be prepared - Provide prescribed information at outset of AST - Immediate Section 21 service now invalid - Be aware of earliest date for service of Section 21 Notice - Issue possession proceedings proactively (within 4 or 6 month period)

Smoke & Carbon Monoxide ­ Effective 1 October 2015 What is required? ­ At least 1 smoke alarm per storey used as ‘living accommodation’ ­ A carbon monoxide alarm in any room used a ‘living accommodation’ where ‘solid fuel’ used.

Who is responsible for checking alarms in working order? - Landlord at start of each new tenancy - Tenants during tenancy

Smoke & Carbon Monoxide - No grace period - Law does not stipulate:- - Type of alarm - Where alarm should be placed - No need for carbon monoxide alarm where gas or oil appliances used. - Apply to unlicensed HMOs - Not applicable to live-in Landlords

Smoke & Carbon Monoxide - Enforcement by Local Housing Authority - Remedial Notice - Civil penalty charge up to £5, Review and appeal

AST Deposit Protection Note: -Deposit protection is mandatory. Two objectives:- 1.To ensure deposit is protected and returned except where Landlord has legitimate claim And 2.To resolve disputes using ADR -Applicable to ASTs only -Non-compliance means cannot serve valid S21 Notice

Pre 6 April 2007 Deposit If:- - Tenancy deposit received pre 6 April 2007 And - A periodic AST has arisen on or after 6 April 2007 And - Landlord has not protected deposit - Landlord must have protected by 23 June 2015 If failure to comply:- - May be liable to financial penalties - May be prevented from recovering possession Or - Repay in full

Post 6 April 2007 Deposit If:- -Tenancy deposit received post April 2007 And -Not protected Then: -Cannot protect late Must:- a) Repay in full Or b) Repay after agreed reductions

Post 6 April 2007 Deposit Cont’d On expiry of fixed term, no need to re-protect and re-serve if:- - Deposit initially protected And - Prescribed information previously served - Landlord / tenant / property remain the same

Questions?

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Thank you! Colin Hunter coodes.co.uk