Legislation Updates

Housing & Planning Act 2016 • Rogue Landlord - “a landlord who knowingly flouts their

obligations by renting out unsafe and substandard accommodation to tenants, many of who may be vulnerable.”

• Rogue Landlord / Agent Banning orders - either improve or leave the sector.

• £30,000 civil penalty + rent repayment orders extended to cover more property types. Effective from April 2017.

• Revised fit & proper test from October 2017.

• Database of rogue landlords and letting agents will also be implemented from October 2017.

Abandoned Properties The Act also introduced a new mechanism allowing landlords to legally recover abandoned properties without the need to serve a Section 21 Notice or obtain a Possession Order.

• This can only take place if the tenant

• owes more than two months’ consecutive rent and must, of course, have left the property.

• landlord must give at least three warning notices on the tenant and

• two of these must be sent to the tenant as well as others such as the deposit payer.

• The first notice can only be served if the rent is at least one month in arrears and the second notice must be served between two and four weeks after that notice, but the arrears must be at least two months.

• The third notice must be affixed to the property, such as the front door, at least 5 days before the landlord repossesses.

• The landlord must give at least eight weeks for the tenant to respond to the notices. Only if none of these notices have been responded to saying the property is not abandoned and/or no rent at all is paid can the landlord repossess the property.

Energy Performance Certificate

• From 2016 a tenant will be entitled to ask the landlord to carry out the measure recommended on the EPC and the landlord will have a legal obligation to do so

• From 2018 it will be illegal to let a property which has an EPC rating below E

On The Horizon………

Renters rights bill 2016 Rogue landlord / agent database

Ending certain lettings fees

Mandatory electrical safety checks

Rogue landlords unable to apply for HMO licence

• From 2016 a tenant will be entitled to ask the landlord to carry out the measure recommended on the EPC and the landlord will have a legal obligation to do so

• From 2018 it will be illegal to let a property which has an EPC rating below E

Right to Rent Who does it apply to………………. Those with unlimited right to rent

• British Citizens, EEA & Swiss Nationals

• Granted indefinite leave to remain in UK

Those with time-limited right to rent • Valid leave to enter/remain for limited time

• Right to enter/remain result of enforceable order

Those with no right to rent • Require permission to be in UK and don’t have it

What to look for…………………….. • Photograph should be true likeness of the holder

• Date of birth should be consistent with any other documents provided

• Document should not be tampered with

• Document should contain an expiry date

• If the applicant has different names on the document. Only accept if further documents explain change i.e. Marriage / deed poll certificate ( keep a copy)

• Keep copies for 12 months after tenancy has ended

Group 1 List A – Documents Allows holder

permanent right to rent in the UK

Group 1 (list A) - Passports

Passport showing the holder is British citizen

or citizen of the UK and colonies having the ‘right to abode’ in the UK.

Group 1 (list A) – Residence Documents

What to look for: • The document should also state the applicants

nationality as Swiss or from member state of the European Economic Area (EEA)

• Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Iceland, Liechtenstein and Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland, Sweden and the UK.

Group 1 (list A) – Registration Certificate Issued by the Home Office

• certifying or indicating permanent residence

• To a national of the European Economic Area country or Switzerland.

Group 1 (list A) – Residence Card • Applies to non-EEA

national who is a member of an EEA or Swiss national

• Permanent • Indefinite leave to

remain • Indefinite leave to

enter • No time limit • Issued by the Home

Office

Group 1 (list A) – Residence Permit Issued by the Home Office

• There is a gold chip on the back.

• It is the size of a credit card.

• The document should clearly explain that the holder has ‘indefinite’ leave; or ‘no time limit’ on their leave in the UK.

Group 1 (list A) – Passport / Travel Document

Issued by the home office

• exempt from immigration control

• Has a right to abode, or has

• No time limit

Group 1 (list A) – Immigration Status Document Issued by the home office

• Exempt from immigration control

• Indefinite leave to remain in the UK

• Right to abode or has

• No time limit

Group 1 (list A)- Registration or naturalisation as a British citizen

Group 2 List A – Documents Allows holder

unlimited right to rent ( must be in combination of at

least 2 of the following)

Group 2 (list A) – Birth or adoption Certificate Must be issued in the

• UK

• Channel Islands

• Isle of Man

• Ireland

Must include at least one of the parents or adoptive parents name on the certificate

Group 2 (list A) – Driving Licence Must be a current full or provisional driving photo card UK driving licence

Group 2 (list A) - Letters

1. Letter from HM Prison service, Scottish Prison service or Norther Ireland Prison Service, confirming name, D.O.B and that they have been released from custody.

Must be 6 months prior to check being carried out.

2. Letter UK Government department or local authority and signed by a named official, confirming name and that they have previously been known to the department or authority.

Must be 3 months prior to check being carried out.

3. Letter from National Offender Management Service (England & Wales), confirming applicant is subject to Supervision Order or Probation Order (Scotland) or an Order requiring supervision (northern Ireland)

Must be 3 months prior to check being carried out.

Group 2 (list A) – identity card, HM forces or Secretary of State letter

Should state

• Name

• Date of Birth

• Nationality

• Service Number

• Unit

• Full address

Group 2 (list A) - letters

1. Letter from the Police stating crime reference number and confirming the applicant is a victim of crime and has reported passport or ‘biometric immigration document’ stolen.

Must be 3 months prior to check being carried out.

2. Letter signed from a public authority, voluntary organisation or charity operating a scheme to assist people secure accommodation in the private sector to relieve or prevent homelessness.

Must be 3 months prior to check being carried out.

3. Signed letter from employer confirming applicants status as employee, national insurance number and employee reference number.

Must be 3 months prior to check being carried out.

4. Letter from a UK further or higher education institute confirming the applicant is accepted on a current course of studies. The letter should include name of educational establishment, name and duration of the course.

Must be within 3 months of check being carried out.

5. Letter from a UK passport holder who works / retired from an acceptable professional persons list.

Must be 3 months prior to check being carried out.

6. Letter from HMRC, a UK Local Authority or Job Centre Plus on behalf of Department of Works & Pensions (DWP) or Northern Ireland, Department for Social Development.

Must be 3 months prior to check being carried out.

7. Disclosure & Barring Certificate (Criminal record check) 6 digit individual reference number on letter can be verified.

Must be 3 months prior to check being carried out.

List B – Documents Allows holder to a time related right to rent in the UK.

List B – Endorsed passport or travel document • Passport should

clearly explain holder has leave to remain for a limited time

• Date leave expires

List B – Biometric residence permit card • Should state time

limited leave to remain,

• Date leave expires

• Gold chip on the back of the card

• Credit card size

List B – Accession / Derivative card • Issued by the Home

Office to

• Non- EEA national who is family member of EEA or Swiss national or

• Has derivative right to reside

List B – Immigration document • Issued by the Home

Office

• Must have valid endorsement stating time-limited period

Summary…………………………….

• Fines of £80 - £3,000 per person

• Landlord must check every tenant above the age of 18 has leave to remain in country

• Check original documents in presence of document holder

• Take copies of all documents and retain for 12 months after tenancy ends

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