Information Overload – Legislation for Landlords from 1730 to Present

A list of the acts, regulations and some judicial decisions that affect private rentals and so landlords. A comprehensive list of over 120 items with new ones being proposed for 2018 – General Data Protection Regulations and Minimum Energy Efficiency Standards, this list includes: Housing Act 1985 overcrowding 2018, Housing and Planning Act 2016, Immigration Act 2016, Property Ombudsman 2016, High Court Enforcement 2016, Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Deregulation Act 2015, Blind Cords Resistance BS EN 13120 2009 and A1, BS EN 16433, BS EN 16434 2014, redress scheme for lettings agents 2014, Legionella Risk Assessment and Approved Code of Practice L8 revised 2013, Town and Country Planning (Local Planning) (England) Regulations 2012, Energy Performance of Building Regulations 2007 to 2012, Section 35 of the Landlord and Tenant Act 1954, Health Act 2006, Housing Health and Safety Rating System Regulations 2006, Regulatory Reform (Fire Safety) Order 2005, Housing Act 2004, Rent Act (Maximum Fair Rent) Order 1999, Housing Act 1985, Landlord and Tenant Act 1985, Rent Act 1977, Health and Safety at Work Act 1974, Prevention of Damage by Pests Act 1949, this list is not exhaustive, (e&oe).

If you require any assistance in completing the practical ‘in-the-house’ assessments required by landlords in order to comply, call us on 07538840396 or email sales@creativegreenenergy.com

This blog will be updated as new legislation, acts and laws come into force that are relevant to the private rental sector, however it is always the reader/landlords responsibility to check that any information relied on is up to date and more importantly ensure compliance of tenancies: at the start, upon renewal and during the life of a contractual period . This list should not be used in place of consulting a legal professional or using qualified property services where appropriate.

Immigration Act 2016, immigration status checks on current account applicants
– from 1 January 2018, there will be additional requirements to carry out periodic checks of the immigration status of existing current account customers
– The Immigration Act 2014 prohibited banks and building societies from opening current accounts for individuals who are in the UK unlawfully.
– The new Immigration Act will go further and include measures to prevent known illegal migrants from continuing to operate existing bank accounts.
– This includes accounts opened before the 2014 Act prohibition came into force and, importantly, accounts which were opened during a period of lawful stay but where the migrant has remained in the UK after their leave to remain in the UK expired.
– Under this Act, banks and building societies will be required to check regularly whether they are operating a current account for a person known by the Home Office to be in the UK illegally.
–  If a bank establishes that a customer is an illegal migrant, they will have a duty to report the match and details of any other accounts they provide to the Home Office.
– Measures in the Act will provide the Home Office with a graduated, escalating range of options which could be deployed where a current account holder is confirmed to be unlawfully present.

Housing Act 1985 overcrowding 2018
– the space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.
– no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and
– a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.
– the permitted number of persons in relation to a dwelling is whichever is the less of—
(a) the number specified in relation to the number of rooms in the dwelling available as sleeping accommodation, and
(b) the aggregate for all such rooms in the dwelling of the numbers specified in relation to each room of the floor area specified
– no account shall be taken for the purposes of this of a room having a floor area of less than 50 square feet.

Housing and Planning Act 2016
– Financial penalty as alternative to prosecution, paragraph 7, Schedule 9 amends the Housing Act 2004 to allow financial penalties to be imposed as an alternative to prosecution for certain offences, section 126 in so far as it relates to that paragraph for the purpose only of making regulations under section 249A (7) of the Housing Act 2004.
– allow Local Authorities to levy a financial penalty of up to £30,000 for various offences under the Housing Act 2004 instead of bringing a prosecution, includes:
– failure to apply for an HMO licence;
– breach of a licence condition;
– breach of the HMO Management Regulations;
– breach of a Housing Health and Safety Rating System (HHSRS) enforcement notice; and
– using unlawful force to seek an eviction.

Updated Version “How to rent Guide” for properties in England updated 2nd February 2016
– a booklet which is issued by Government detailing a checklist for tenants when renting, is one of the very first actions you must take before renting out a house in England.
– down load via this link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf

Immigration Act 2016
– landlord or agent must check the status of every tenant or occupant
– it has become a criminal offence for breach and there is also a new ground for possession and
if tenants fail to comply with Right to Rent.

First Day new Prescribed Section 21 Notice may be used in England February 2016
– new “prescribed form” which must be used for serving a section 21 notice in England.

The Property Ombudsman introduce new code of conduct 2016
– Code applies to letting agency services in the United Kingdom (except Scotland), provided by a person or organisation who has agreed or is required to comply with it, for the letting or property management of residential property
– Must comply with all laws, and in particular: Data Protection Act 1998, the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), Business Protection from Misleading Marketing Regulations 2008 (BPRs), Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Energy Act 2011 (Green Deal), Landlord and Tenant Act 1985, Housing Act 1988, 2004, Competition Act 1998, Immigration Act 2014, Consumer Rights Act 2015, Deregulation
Act 2015 and all other current and relevant primary and secondary legislation and any local licensing obligations.

New Guide and Process for Eviction when using a High Court Enforcement Officer  2016
Step 1 – leave to transfer: permission to transfer the order for possession to the High Court for enforcement must be applied for and obtained under Section 42 of the County Courts Act 1984. The best time to do this is at the point of initial application for the order for possession. If you did not obtain permission at the time of initial application, then you can do so using form N244, which incurs a court fee.
Step 2 – permission to issue a writ of possession:  using form N244, you apply to either the High Court or the District Registry for permission to issue a writ of possession under CPR 83.13(2). As a hearing is not normally required if an “on notice” hearing is required, this court fee will increase.
Step 3 – form PF92: needs to be completed, which is the order for permission to issue a writ of possession in the High Court and request that it be sealed at the High Court or District Registry. There is no court fee for this form.
Step 4a – form PF88 for a possession order only: request for the issue of the writ of possession and the request that it be sealed at the High Court or District Registry.
Step 4b – form PF89 for a possession order and recovery of money: the request for the issue of the combined writ of possession and writ of control and the request that it be sealed at the High Court or District Registry. Court permission is not required to transfer up the money judgment or order (for example rent arrears or costs).
Steps 3 and 4 combined: Forms PF92 and PF88/PF89 can be submitted at the same time.
Step 5 – Form No.66: for the writ of possession and the request that it be sealed at the High Court or District Registry. Once the writ of possession has been awarded, the enforcement process will commence

Part Two of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
– where a tenant requests their landlord’s consent to making energy efficiency improvements (as recommended on an EPC) to the landlord’s property, the landlord may not unreasonably refuse consent.

Deregulation Act 2015 
Chapter 20, Housing and development:
28. Reduction of qualifying period for right to buy
29. Removal of power to require preparation of housing strategies
30. Tenancy deposits: provision of information by agents
31.Tenancy deposits: non-compliance with requirements
32.Tenancy deposits: deemed compliance with requirements
33. Preventing retaliatory eviction
34. Further exemptions to section 33
35. Notice to be provided in relation to periodic assured shorthold tenancies
36. Time limits in relation to section 21 notices and proceedings
37. Prescribed form of section 21 notices
38. Compliance with prescribed legal requirements
39. Requirement for landlord to provide prescribed information
40. Repayment of rent where tenancy ends before end of a period
41. Application of sections 33 to 40
42. Optional building requirements
43. Amendment of Planning and Energy Act 2008
44. Short-term use of London accommodation: relaxation of restrictions
45. Short-term use of London accommodation: power to relax restrictions
46. Designation of urban development areas: procedure
47. Establishment of urban development corporations: procedure
48. Provision of advice etc about residential licences

Heat Network (Metering and Billing) Regulations 2014
– requires the fitting of building level meters on multi-occupancy buildings, where more than one final customer is charged for the heat supplied, is required
– meters must be fitted for any district heating connection to a newly constructed building or where a major renovation of building on a district heating network
– heat suppliers must meet the billing requirements or for new builds from when the network commences operation
– the notification for new build systems must be made on or before it commences operation

Blind Cords Resistance BS EN 13120 2009 and A1, BS EN 16433, BS EN 16434 2014
– safety Blinds in rented properties, where internal blinds are installed in premises where children aged from 0 to 42 months have access or are likely to be present
– safety devices for preventing any cords or chains from creating a hazardous loop
– The testing of all safety critical systems of internal blinds
– the testing of blinds using safety systems
– the fitting of safety devices on cords or chains at the point of manufacture
– limitation on cord or chain lengths
– warnings and instructions
– packaging and point-of-sale

Government’s compulsory redress scheme for lettings agents 2014
– it is a legal requirement for lettings agents and property managers in England to join 1 of 3 government approved redress schemes.
– the three schemes are: 1, Ombudsman Services Property (www.ombudsman-services.org/property.html); 2. Property Redress Scheme (www.theprs.co.uk), 3. The Property Ombudsman (www.tpos.co.uk)

Legionella Risk Assessment HSG274 parts 1-3 and Approved Code of Practice L8 revised 2013
– landlords have a duty of care to regularly review water system and manage risks
– hhrs 2006, protection against infection, hygiene – water supply
– Water Supply (Water Fittings) Regulations 1999
– Health and Safety at Work etc Act 1974

Legal Services Commission replaced by the Legal Aid Agency 2013
– legal Aid reforms for Tenancy Issues, making it difficult for to obtain funding in order to bring a claim against, which could affect tenants in claims against their landlord

Local Housing Allowance LHA 2013
– rules changed – entitlement to a bedroom Current LHA (Housing Benefit) Rates

Town and Country Planning (Local Planning) (England) Regulations 2012
– local plans should be tailored to the needs of each area in terms of their strategy and the policies required.

Section 47 Rent Reminders Leasehold Valuation Tribunal 2012
– The Section 47 legislation requires that every demand for rent/payment carries the address of the landlord and if that address is outside England and Wales, the demand for rent must also carry an address in England and Wales where notices in proceedings can be served on the landlord.
– landlords providing their Agent‘s name and address on rent/ payment reminders is insufficient to comply with the Section 47 of Landlord and Tenant Act 1987.

Construction (Design and Management) Regulation 2012
– Obligations to ensure minimum safety and health requirements on construction sites
– Duties as to the appointment of appropriate contractors and professionals and their competence.

Control of Asbestos Regulations 2012
– Obligations regarding asbestos in common parts. Duty to carry out risk assessment. Obligation to prepare management plans and return them

Energy Performance of Building Regulations 2007 to 2012
– Duty to hold/commission EPC before marketing property for rent.
– Duty to make EPC available to prospective tenant.
– Duty to provide copy EPC to tenant.
– Providing EPC information along with written particulars of the property.

Section 35 of the Landlord and Tenant Act 1954 – ruling 2012
– case was Edwards and Walkden (Norfolk) Ltd v City of London (2012), Mr Justice Sales gave authoritative guidance as to the approach which the court should adopt when applying the section also considered O’May v City of London Real Property Co. Ltd
– the terms of the new lease will generally follow the terms of the existing one and the onus is on the party proposing a change to show that it is fair and reasonable

Localism Bill 2011 (withdrawn 2017)
– new freedoms and flexibilities for local government
– new rights and powers for communities and individuals
– reform to make the planning system more democratic and more effective
– reform to ensure that decisions about housing are taken locally

Localism Act, Overcrowding, 2011 (withdrawn 2017)
– gave these landlords various tools aimed at assisting them in tackling overcrowded housing. Measures such as the under-occupation deduction from Housing Benefit for claimants in social housing had, the Government argued, provided an added incentive for tenants to downsize thus freeing up properties for overcrowded families.
– the Housing Act 2004 (2004 Act), which introduced the Housing Health and Safety Rating System, includes within its 29 hazards the hazard of ‘Crowding and Space’
– Housing Act 1985, part 10 when either the Room Standard or the Space Standard is contravened.

The Assured Tenancies (Amendment) (England) Order 2011
– increased the annual rent threshold to tenancies in England to £100,000 from 1 October 2010. This means that from that date any deposit taken for an assured shorthold tenancy with a rent of up to £100,000 a year comes within the scope of the tenancy deposit legislation.

Social Security (Notification of Change of Circumstances) Regulations 2011
– Means of notifying changes in circumstances.Energy Act 2011
– Green Deal requirements on change of ownership/tenancies including an obligation to notify tenants.
– Obtaining consent of tenants to Green deal
– Providing EPC information along with written particulars of the propertyEqualities Act 2011
– A duty not to discriminate directly or indirectly in relation to letting/management/assignment of premises on grounds of any of the protected characteristics (there are 7 in all namely age, disability, gender, re-assignment, pregnancy and maternity, race, religion/belief and sex and sexual orientation).
– A duty to make reasonable adjustments in relation to premises.
– Duties in relation to practices and procedures adopted.
– Disability related discrimination giving rise to restrictions on obtaining possession from disabled persons.
Consumer Protection from Unfair Trading Regulations 2008
– General duty not to use unfair business practices.
– Ban on misleading omissions.
– Prohibition on misleading/aggressive practices and certain specified practices.
The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
– (similar requirements to Section 257 HMOs as under the 2006 HMO Management Regulations)Housing (Tenancy Deposits) (Prescribed Information) Order 2007
– Lays down detailed format of prescribed information. Corporate Manslaughter and Corporate Homicide Act 2007
– Liability for corporate manslaughter.The Administration Charges (Summary of Rights Obligations) (England) Regulations 2007
– Format of demand for administration charges – to be accompanied by a statutory statement.

Service Charges (Summary of Rights and Obligations and Transitional Provisions) (England)
Regulations 2007
– Format for notification of obligation to pay service charges.

Town and Country Planning (Control of Advertisements)(England) Regulations 2007
– Where applicable restrictions on advertising.
– Compliance with deemed consent provisions relating to ‘To Let’ Boards.

Energy Performance of Buildings (Certificates and Inspections) (England and Wales)
Regulations 2007
– Inspection of air conditioning systems.Health Act 2006
– Prohibition on smoking in common parts.
– Obligation to display no smoking signs. Management of Houses in Multiple Occupation (England) Regulations 2006 (there are
equivalent regulations for section 257 HMOs – converted flats which do not comply with 1991 or
later building regulations where more than a third of the flats are rented out).
– Duty of manager to provide information to occupier.
– Duty of manager to take safety precautions.
– Duty of manager to maintain water supply and drainage and gas and electricity.
– Duty of manager to obtain common parts etc.
– Duty to provide waste disposal facilities.
– Duty to maintain living accommodation. Selective Licensing of Houses (Specific Exemptions) (England) Order 2006
– Exemptions for Selective Licensing. Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
– Designates HMOs subject to mandatory licensing.Licensing and Management of Houses in Multiple Occupation and other houses (Miscellaneous Provisions) (England) Regulations 2006
– Prescribed minimum national standards for licensable houses in multiple occupation.
– Detailed format of licensing application forms.
Housing Health and Safety Rating System Regulations 2006
– HHSRS came in and replaces the fitness standard as the statutory element of the Decent Home Standard.
– HHSRS is a risk assessment procedure and does not set a standard.
– there are 29 hazards, which cover physiological and psychological requirements, protection against Infection and accidents:

• Damp and mould growth
• Excess cold
• Excess heat
• Asbestos (and MMF)
• Biocides
• Carbon Monoxide and fuel combustion products
• Lead
• Radiation
• Uncombusted fuel gas
• Volatile Organic Compounds
• Crowding and space
• Entry by intruders
• Lighting
• Noise
• Domestic hygiene, Pests and Refuse
• Food safety
• Personal hygiene, Sanitation and Drainage
• Water supply
• Falling on level surfaces etc
• Falling on stairs etc
• Falling between levels
• Electrical hazards
• Fire
• Flames, hot surfaces etc
• Collisions, Cuts and Strains
• Explosions
• Position and operability of amenities etc
• Structural collapse and falling elements
• Asbestos (and MMF)
• Biocides
• Carbon Monoxide and fuel combustion products
• Lead
• Radiation
• Uncombusted fuel gas
• Volatile Organic Compounds

– local authorities can implement any of the following:

• serve an improvement notice requiring remedial works being the most likely action or also
• Make a prohibition order, which closes the whole or part of a dwelling or restricts the number of permitted occupants.
• Serve a hazard awareness notice.
• Take emergency remedial action.
• Make an Emergency Prohibition Order.
• Make a Demolition Order.
• Include the property in a clearance area.

Regulatory Reform (Fire Safety) Order 2005
– Obligations as to fire safety in common parts of flats and bedsits.
– Requirements as to general fire precautions.
– Obligation to carry out risk assessment.
– Provision of fire fighting and fire detection equipment.
– Keeping emergency routes and exits clear and maintained.
– Maintenance obligations.
– Obligation to reduce risk assessments to writing if licensed or 5 employees.

General Product Safety Regulations 2005
– General safety requirement.

Consumer Protection (Distance Selling) Regulations 2005
– Restricts agreements entered into at a distance.

Fire and Rescue Services Act 2004
– Powers of entry to obtain information to investigate fires.

Housing Act 2004
– Health and safety rating system – obligation to remove/reduce hazards (29 in all).
– Obligation in relation to the carrying out of risk assessments in fire safety in the light of LACORS Guidance.
– Definition of HMO (5 categories).
– A duty to obtain a Licence for a house in multiple occupations (HMO) on 3 or more stories with 5 or more occupants.
– Duty to obtain HMO Licence where additional HMO Licensing applies. F
– Obligation to comply with Licence conditions in relation to antisocial behaviour.
– Obligation to comply with Licence condition to provide annual gas safety check certificate.
– Obligation to provide declaration of compliance in relation to electrical safety.
– Obligation to provide declaration of compliance in relation to furniture safety.
– Obligation to provide a written tenancy agreement.
– Restriction on number of occupiers.
– Where selective licensing applies there is a duty to apply for selective licence. F – Obligation where selective licensing applies to take up references.
– Compliance with other conditions relating to selective licensing.
– Obligation as to overcrowding in non licensable HMOs.
– Obligation to provide documents if required.
– In relation to tenancy deposits – obligation to protect a tenancy under an assured tenancy deposit within 30 days. F (insurance backed schemes).
– Obligation to give prescribed information.
– Compliance with requirements to return deposits/alternative dispute resolution in the event of dispute.
– Compliance with scheme rules.
– Effective requirement to provide an inventory.The Electrical Safety Quality and Continuity Regulations 2002
– Duties in relation to customers’ installations outside the building which would present a danger to the public.Regulatory Reform (Housing Assistance) England and Wales Order 2002 – Regulation for housing grants and assistance.

Commonhold and Leasehold Reform Act 2002
– Restrictions on forfeiture.
– Control over administration chargesPrivate Water Supply Regulations 2001
– Private water system analysis and sampling.Housing Benefit Regulations 2001
– Occupation of a dwelling as a home.
– Liable person (responsibility for paying the rent)
– Eligible rent and housing costs
– Eligibility for local housing allowance – rent.
– Entitled to payment in respect of tenancy.
– Change of circumstances.
– Time and manner of payment.
– Overpayments.
– Information from landlords.

Child Support, Pensions and Social Security Act 2000
– Housing benefit, provisions and appeals.
– Discretionary housing benefit.

Utilities Act 2000
– Rules relating to maximum resale price for gas.

Building Regulations 2000
– Obligation to comply when carrying out building work/a material change of use including work
on controlled services/fittings.
– Obligation to carry out building work with proper materials/in a workmanlike manner.
– Obligation to deposit plans/give notice
– Notices at various stages of the works.
– Part P – obligations in relation to carrying out electrical works in dwellings.
– Obligation under Parts A B C D E F G H J K L M and N (13 parts).

Rent Act (Maximum Fair Rent) Order 1999
– Formula for calculating maximum fair rent for Rent Act regulated tenancies.

Water Supply (Water Fittings) Regulations 1999
– Requirements regarding water fittings used for domestic purposes.
– Obligation to notify the water company on installation of certain water fittings.

Unfair Contract Terms in Consumer Contracts Regulations 1999
– Form of tenancy agreements – requirement for plain English.
– Prohibition on unfair terms in tenancy agreements

Data Protection Act 1998
– Processing data lawfully.
– Providing privacy notices.
– Subject access requirements

Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
– Forms prescribed under Part 1 of the Housing Act 1988.

Party Wall Etc Act 1996
– Requirement to give notices in relation to party wall works (3 different requirements).

Local Government (Miscellaneous Provisions) Act 1996
– Obligation to give certain information to local authorities when required.

Housing Act 1996
– Restrictions on termination of tenancy for failure to pay service charge.
– Rent Officers functions relating to local housing allowance and housing benefit.
– New provisions for post 1997 assured shorthold tenancies as the default tenancy.

Town and Country Planning (General Permitted Development) Order 1995
– Changes of use affecting dwellings including small HMOs.
– Article 4 Directions restricting changes of use to small shared HMOs.
– Rules relating to circumstances where permitted development is allowed, i.e. without express
planning permission. There are 12 categories of permitted development relevant to dwellings.

Gas Appliance (Safety) Regulations 1995
– Gas appliances as supplied must be safe.

Landlord and Tenant (Covenants) Act 1995
– Provisions relating to the transmission of benefit and burden covenants without Release of
tenants from tenant covenants.
– Procedure under which landlord can be released from landlord covenants.
– Restrictions on recovery from former tenants/guarantors of unpaid rent.

Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995
– Obligation to report certain accidents.
– Obligation to report dangers in respect of gas incidents

Plugs and sockets etc (Safety) Regulations 1994
– Safety of plugs and sockets.
– Safety of electrical appliances.

Law of Property (Miscellaneous Provisions) Act 1994
– In case of intestacy/lack of executors requirement for additional compliance e.g. where tenant dies

Leasehold Reform etc Act 1993
– Compliance with codes of practice approved by the Secretary of State.

Clean Air Act 1993
– Restrictions on smoke emissions.

Council Tax (Administration and Enforcement) Regulations 1992
– Power to require information.
– Billing provisions.

Local Government Finance Act 1992
– Power of local authorities to levy Council tax on owners.
– Power to define dwellings.
– Owners liability for Council tax.
– Exemptions.
– Discounts.

Council Tax (Chargeable Dwellings) Order 1992
– Power to band non self contained units of accommodation (disaggregation rules).
– Aggregation of dwellings.

Council Tax (Exempt Dwellings) Order 1992
– Exemption from Council Tax liability

Council Tax (Liability of Owners) Regulations 1992
– Define landlord’s liability to pay Council Tax.

Social Security Administration Act 1992
– Claims for benefit.
– Housing benefits adjudication.
– Housing benefits overpayments.
– Information for landlords.

Water Industry Act 1991
– Requirements for supply of water by separate service pipes.
– Liability for water charges and sewerage charges.
– Connection and infrastructure charges.

Water Industry Act 1991
– Obligations as to the quality of water supply.
– Prohibition on allowing water systems to be out of order which may result in contamination.

Environmental Protection Act 1990
– Licensing requirements regarding disposal of waste.
– Duty of care as respects waste.
– Arrangements regarding waste recycling and waste containers.
– Statutory nuisances.

Town and Country Planning Act 1990 (as amended)
– Requirement for planning permission for building operations etc.
– Requirement to obtain planning permission for the change of use (see further below under Article 4).
– Planning contravention notice procedure.
– Tree preservation orders.

Planning (Listed Buildings and Conservation Areas) Act 1990
– Where applicable need for listed building consent.
– Additional requirements for obtaining planning permission in conservation areas.
– Restriction on removal of trees in conservation areas.

Electricity Act 1989
– Rules fixing maximum resale price for electricity.

Law of Property (Miscellaneous Provisions) Act 1989
– Format of deeds where required.
– Formalities required for valid written tenancy agreements.

Electricity Act 1989
– Charges for electricity.
– Metering.

Electricity at Work Regulation 1989
– Duty of employers/self employed persons as to safety on installing electrical equipment
– Duty to ensure installation is maintained (including visual/PAT tests).
– Obligation only to use competent person to do work.

Gas Safety (Installation and Use) Regulations 1988
– Obligation to use qualified engineer for work.
– Duty to provide prospective tenants with a copy of the current gas safety certificate before or at the time they move in.
– Duty to provide new gas safety certificate to existing tenants within 28 days of receipt.
– Duties as responsible person in respect of the safety of gas installations and appliances.
– Duty to ensure installation and appliances are in a safe condition.
– Obligation to carry out annual gas safety checks.
– Restrictions on alterations/use of materials.
– Obligations in relation to instantaneous water heaters.
– Obligations relating to concealed flues.

Furniture and furnishings (Fire) (Safety) Regulations 1988
– Restrictions on the supply for furnishings and furniture.
– Fire safety requirements.

Landlord and Tenant Act 1988
– Duty to consent to assignment and sub-lettings etc in certain circumstances.
– Right to claim damages for non-compliance

Housing Act 1988
– Security of tenure and grounds for possession (17 grounds for possession)
– Requirement to give notice of proceedings for possession (Section 8 notices).
– Effective minimum of 6 months for assured shorthold tenancies.
– Statutory periodic tenancies.
– Procedure for increasing rents under assured tenancies.
– Access for repairs.
– Determination of excessive rents by rent assessment committee.
– Statutory succession rights for spouses/partners.
– Restrictions on levy of distress for rent.
– Notice provisions relating to pre-1997 assured shorthold tenancies.
– Prohibitions on assignment.
– Sub letting provisions.
– Increase in rents when landlord liable for Council Tax.
– Provisions relating to shared accommodation.
– Section 21 procedures for possession.
– Obligation to provide written tenancy terms when requested.

Town and Country Planning (Use Classes) Order 1987
– Define small HMO for planning purposes.

Landlord and Tenant Act 1987
– Obligation to notify in the case of certain disposals of tenanted flats giving tenants right of first refusal.
– Obligation to provide address for service.
– Obligation to provide an address in service charge demands.
– Obligation to provide an address in rent demands.
– Service charges to be held on trust.

Gas Act 1986
– Charges for Gas
– Metering

Insolvency Act 1996 and Insolvency Rules 1986
– Disclaimer of tenancies

Business Names Act 1985
– Obligations to give details of ownership.

Housing Act 1985
– Information to be detailed in a rent book.
– Duty to notify local housing authority of overcrowding.
– Restrictions on overcrowding.

Landlord and Tenant Act 1985
– Disclosure of landlord’s identity.
– Disclosure of directors etc of corporate landlord.
– Duty to inform the tenant of assignment of landlord’s interests.
– Duty to inform the tenant of possible right to acquire landlord’s interest.
– Provision of rent books (weekly tenants).
– Fitness for human habitation (low rent tenancies).
– Information to be supplied by companies where rent book is required.
– Repairing obligations in short leases. These extend to 7 items. This includes: the structure, exterior, electrical installations, gas installations, water supply, drainage, and facilities for the
use of water.
– Restrictions on contracting out/items for which a service charge can be levied.
– Specific performance of landlord’s repairing obligation.
– Provision relating to the reasonableness of service charges and consultation requirement.
Note: A detailed description of provisions regarding service charges is not included but applies where a landlord charges a variable service charge (recovery of items relating to repair under
the landlord’s statutory repairing obligations are not recoverable). Usually these apply in the
case of long Leases of flats in any event but they can apply to short term lets.
– Reserve power to limit rents (applicable to regulated tenancies under the Rent Act 1977).
– Time limit to recover service charges
– Service charge information – notice to accompany a demand.
– Procedures relating to obtaining access to inspect/carry out repairs.

County Courts Act 1984
– Restrictions on forfeiture for non payment of rent.

Building Act 1984
– Compliance with building regulations.
– Duty to deposit plans/building notice.
– Provision of drainage and water supply.
– Provision of closets.
– Provision of food storage.
– Dangerous building provisions.

Rent Books (Form of Notices) Regulations 1982
– Format for rent books.

Housing Act 1980
– Protected shorthold tenancies.
NB: Only granted prior to 1989.
– Tenants improvements

Limitation Act 1980
– Statutory time limit for possession actions.

Housing Act 1980
– Protected shorthold tenancies.
NB: Only granted prior to 1989.
– Tenants improvements

Notices to Quit (Prescribed Information) Regulations 1980
– Words to be included in notices to quit at common law.

The Regulated Tenancies (Procedure) Regulations 1980
– Procedure for the Rent Officer on determining Rents.

Rent Regulation (Cancellation of Registration of Rent) Regulations 1980
– Cancellation of registered rents.

Torts (Interference with Goods) Act 1977
– Disposal of uncollected goods, furniture etc.

Rent Act 1977
– NB. Only applicable to tenancies granted prior to the implementation of the Housing Act 1988.
Restrictions on obtaining possession of properties let on regulated tenancies.
Grounds of possession (20 different grounds)
– Restrictions applicable in the case of resident landlords.
– A scheme of registration of fair rents and application of rent limits.
– Rents controlled in relation to restricted contracts.
– Restrictions on obtaining possession of property subject to restricted contracts.
– Restrictions on premiums.
– Statutory succession rules.
– Restrictions on levy of distress.
– Access for repairs.
– Provisions related to shared accommodation.
– Increase of rent provisions

Protection from Eviction Act 1977
– Prohibition on unlawful eviction.
– Prohibition of harassment.
– Restriction on the re-entry/eviction without due process.
– Form of notices to quit – containing prescribed information.
– Excluded tenancies and licences (where tenants share living accommodation with their landlords)

Unfair Contract Terms Act 1977
– Restrictions on excluding liability for personal injuries etc.

Criminal Law Act 1977
– Restriction on use of force to secure entry to property.

Control of Pollution Act 1974
– Disposal of controlled waste.

Health and Safety at Work etc Act 1974
– Duty of every employer/self employed person to conduct his/her undertaking to ensure persons not in his/her employment but who may be affected thereby are not exposed to risk to their health or safety.
– Legionella.
– Duty in relation to common parts of flats and bedsit

Defective Premises Act 1972
– Duty on landlord in respect of defective premises to do work in a workmanlike manner.
– Liability for personal injuries death and damage to property caused by disrepair.

Misuse of Drugs Act 1971
– Liability of owner for use of premises for smoking of cannabis/consumption of certain drugs.

Cost of Leases Act 1958
– Restrictions on recovery of legal costs.

Sexual Offences Act 1956
– Landlord letting premises for use as a brothel.

Rights of Entry (Gas and Electricity Boards) Act 1954
– Warrants securing entry to property.

Prevention of Damage by Pests Act 1949
– Obligations in relation to removal of vermin.
– Duty to notify the local authority of rats and mice.
– Duty to remove rubbish.

Leasehold Property (Repairs) Act 1938
– Restrictions on enforcing repairing covenants in longer leases of small houses.

Public Health Act 1936
– Defective closets.
– Defective drains.
– Building over sewers.
– Overflowing and leaking cess pools.
– Cleansing of verminous premises.
– Sanitary systems.
– Restriction on water supply.

Landlord and Tenant Act 1927
– Restrictions on claims for dilapidations.
– Provisions relating to covenants not to assign, sub-let etc

Law of Property Act 1925
– Requirements as to circumstances in which the tenancy agreement must be in writing or by way of a deed (where is exceeds 3 years).
– Restrictions on the payments for Licences to Assign.
– Restrictions on right to forfeit long Leases.
– Provisions as to service of Notices.

Law of Distress (Amendment) Act 1908
– Notice to be given to sub tenants for rent in arrears to be paid to head landlord.

Common Law Procedure Act 1852
– Restrictions on forfeiting a fixed term tenancy.

Distress for Rent Act 1737
– Provision for landlords where tenants desert premises.
– Tenants remaining in premises after they give notice to quite to pay double rent.

Landlord & Tenant Act 1730
– Persons holding over after expiry of fixed term lease can be required to pay double the yearly value.

Creative Green Energy offer all of the ‘in-the-property assessments’ for landlords to ensure compliance with their duties, our assessors provide certificates and report following an assessment within 24 hours.

Our assessors will provide a quality service onsite, which can in many instances be booked on the day, with reports and certificates in most instances being provided within 24 hours. For your convenience we can arrange for several assessments at the same time, these include:

• Energy Performance Certificates (EPCs)
• Inventories
• Gas Safe Certificates & Electrical Testing
• Legionella Risk Assessing
• CGE Check-In
• Floor Plans

For an appointment click book now, by email to: sales@creativegreenenergy.com or phone +4407538840396