22nd May 2018
Energy Performance Certificates
April 2018 welcomed the minimum energy efficiency standard obligation for all Landlords.
Beginning 1 April 2018 all properties rented out must have a minimum energy performance rating of E on their Energy Performance Certificate (EPC). The regulations apply to all new tenancies from 1 April 2018 and for all existing tenancies from 1 April 2020. Non-compliance could lead to a civil penalty of up to £4,000.00.
You are strongly recommended to check your EPC to ensure that your privately rented property is either at a rating of E or above.
Exemptions exist for the rating and further details can be found on the following link: https://www.rla.org.uk/landlord/guides/minimum-energy-efficiency-standards.shtml
Richard Webster and Co have many years of experience dealing with landlord and tenant matters and you are strongly advised to take legal advice to ensure that you do meet an exemption, before allowing a property to be rented out with an EPC rating below E.
Banning orders were brought into force on 6 April 2018.
In brief, the new banning orders can see landlords barred from letting or managing a property indefinitely and if a banning order is breached, there is the risk of facing criminal sanctions. This is purposely created to minimise the amount of rogue landlords and property agents not complying with their obligations.
The Department of Communities and Local Government listed offences which would merit banning orders and these include, but are not limited to:
– Illegally evicting a tenant;
– Renting out a property to an illegal migrant;
– Using the property to cultivate cannabis; and
– Using violence, or threatening violence against a tenant.
Banning Orders are just one example of the many processes introduced by The Housing and Planning Act 2016 to tackle rogue landlords and to protect Tenants.
Other measures introduced include:
1. A database of rogue landlords and property agents who have been convicted of banning order offences or received 2 or more civil penalties- https://www.london.gov.uk/rogue-landlord-checker
2. Civil penalties up to £30,000.00 as an alternative to prosecution for offences under the Housing Act 2004
3. Extension of Rent Repayment Orders to cover a breach of a banning order, illegal eviction, or failure to comply with a statutory notice.
Luckjit Kaur Sidhu is a Solicitor in the Property and Litigation Department at Aston Brooke Solicitors Please do not hesitate to contact Luckjit Kaur Sidhu on 020 3475 4321 for any queries that you may have in relation to any Landlord and Tenant matters.
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