Legal Update 2015 Presented by Darrel Kwong

Topics Smoke and Carbon Monoxide Alarms De Regulation Act 2015 –Tenancy Deposits –Section 21 Notices –Retaliatory Evictions Energy Efficiency Minimum Ratings

Smoke and CO Alarms Effective 1 st October 2015 All rented property MUST have: – Smoke alarm on each habitable floor – Carbon Monoxide Alarm where a solid fuel appliance All new tenancies must have alarms tested as working on commencement date

Penalty Reactive rather than proactive Remedial notice 28 days Fine of up to £5000 What happens if death and no alarms?

Tenancy Deposits 27 th March 2015 “Superstrike” deposits “compliant "by 23 rd June 2015 Pre 2007 deposits must comply to serve a section 21 notice Initially compliant no requirement to re comply Prescribed information landlord or agent details

Section 21 1 st October 2015 Applies to new tenancies not SPT – All tenancies 1 st October 2018 Prescribed section 21 notice Cannot be served in first four months of initial tenancy Periodic notice, no requirement to end last day of a period – only 2 months long

Section 21 Cannot be enforced after six months from service date

Prescribed Information Energy Performance Certificate Government “How to Rent Guide” Valid Gas Safety Record

Retaliatory Evictions 1 st October 2015 Tenant complaint must be in writing Landlord must provide adequate response within 14 days If tenant complains and council issue a HHSRS notice – Cannot serve a section notice 21 within 6 months of HHSRS notice

Miscellaneous Court interpretation Importance of detailed repair process Evidence in writing Some exemptions – Sale – Tenant like manner – Property being repossessed

Energy Efficiency 1 st April 2018 – All new tenancies including renewals/periodic – Minimum rating E 1 st April 2020 – All tenancies – Minimum rating E Some exemptions

QUESTION TIME