Landlords’ and Tenants’ – Get Ready for Change in October

1. New smoke and carbon monoxide alarm regulations

From 1 October 2022, the Government is amending The Smoke and Carbon Monoxide Alarm Regulations to require rental properties to install a  carbon monoxide alarm in every room with a fixed combustion appliance (excluding gas cookers).

A carbon monoxide alarm will also be required by law whenever a new fixed combustion appliance (excluding gas cookers) is installed. The law will legally obligate landlords to repair or replace alarms if informed they are faulty. Testing the alarms will remain the tenant’s responsibility.

2. Appeal granted in a key gas safety certificate case

Trecarrell House v Rouncefield, is a case where a gas safety certificate was served to a tenant late.

However, on appeal, a Circuit Judge decided that the facts of the case could be distinguished from those of Trecarrell House, where the issue was late compliance. In this instance, the issue appeared to be a complete failure to comply because the landlord did not obtain a gas safety certificate pre-tenancy. Therefore, any Section 21 notice served was automatically invalid.

The key takeaway: Landlords must serve a valid gas safety certificate before a tenancy begins or risk being unable to evict using a Section 21 notice.

3. Renters Reform Bill

The Government’s Renters Reform Bill may be a little way off, but it’s useful to reflect on what we can expect from the legislation, as it represents big changes for the industry.

Likely the biggest of the reforms is the Government’s commitment to abolish no-fault evictions by removing Section 21 of the Housing Act 1988. Grounds for eviction will be reformed, with new and stronger grounds introduced for repeated incidences of rent arrears and reduced notice periods for anti-social behaviour.

All tenancies will convert to a single system of periodic tenancies. A tenancy will only end if an occupier wishes it to, or a landlord has a valid reason, requiring usage themselves or selling the property for instance, and as defined in law.

The Government also plans to allow occupiers to request a pet in their homes. Landlords will need to consider and not unreasonably refuse this request. To support this, The Tenancy Fees Act 2019 will be amended to allow landlords to ask a pet owner to have pet insurance.

Rent review clauses will be banned, and notice periods for rent increases doubled, while landlords will no longer be able to refuse to rent to families or those receiving benefits.

The Decent Homes Standard, currently used in the social housing sector, will set a minimum standard of condition that properties in the private rented sector must meet. Stronger powers will be given to occupiers to challenge rent increases and seek repayment of rent if their homes are of an unacceptable standard.

An Ombudsman will be created to settle landlord disputes without needing to go to court. This is intended to allow speedier low-cost resolution processes when an occupier makes a complaint. All private landlords will need to register with the Ombudsman.

Finally, a new online property portal will be “a single front door to help landlords to understand, and comply with, their responsibilities as well as giving councils and occupiers the information they need to tackle rogue operators.”