Property: Tenant Fees Act 2019

A number of provisions contained in the Tenant Fees Act 2019 (the Act) are coming into force on 1 June 2019. The Act introduces protections for most residential tenants in the private rented sector in England.  It will initially apply to all assured shorthold tenancies, tenancies of student accommodation and licences to occupy housing in the private rented sector in England, granted on or after 1 June 2019. The Act, amongst other matters: restricts the type and amount of payments that landlords and letting agents can require from tenants of most assured shorthold tenancies (ASTs), student accommodation and under licences to occupy restricts the amount that can be taken as a tenancy deposit restricts the amount that can be taken as a holding deposit and sets a timetable for dealing with repayment prohibits landlords and letting agents from requiring tenants to enter into a contract with a third party for a service or insurance.  There are limited exceptions for utilities and communication services imposes sanctions for non-compliance makes minor amendments to the Consumer Rights Act 2015 (Chapter 3, duties of letting agents) and the mandatory requirement on property agents to join a client money protection scheme Under section 3(1) of the Act, a payment is a ‘prohibited payment’ unless it is expressly listed in Schedule 1. Subject to certain conditions, Read Full Article…

Extension of mandatory licensing of HMOs

On 6 November 2015, the Department for Communities and Local Government published a technical discussion document: Extending mandatory licensing of Houses in Multiple Occupation (HMOs) and related reforms. The document ‘sets out options for extending the scope of mandatory licensing of Houses of Multiple Occupation (HMO) … [and] proposals to streamline the HMO licensing process to reduce red tape.’

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The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (‘the Regulations’) have been published in draft form and are due to become effective on 1 October 2015. The Schedule to the Regulations lists ‘excluded tenancies’ which include student halls of residence. It appears, however, that houses of multiple occupation (HMOs) owned by HEIs would still fall within the scope of the Regulations.

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