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Legal Update 2015 Presented by Darrel Kwong. Topics Smoke and Carbon Monoxide Alarms De Regulation Act 2015 –Tenancy Deposits –Section 21 Notices –Retaliatory.

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Presentation on theme: "Legal Update 2015 Presented by Darrel Kwong. Topics Smoke and Carbon Monoxide Alarms De Regulation Act 2015 –Tenancy Deposits –Section 21 Notices –Retaliatory."— Presentation transcript:

1 Legal Update 2015 Presented by Darrel Kwong

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

3 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

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

5 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

6 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

7 Section 21 Cannot be enforced after six months from service date

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

9 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

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

11 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

12 QUESTION TIME


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