Hello Readers,
We’re continuing our series looking at a few key things that have changed for landlords now the Renters’ Rights Act is in force. An interesting one, as a side-effect of the abolition of Section 21 evictions, is the change to obligations surrounding the service of certain documents.
Do I need to serve a gas safety certificate, EICR and more?
Previously, a valid Section 21 notice could only be served if tenants had received the following documentation at the outset of the tenancy, or by the required deadlines:
- How to Rent guide
- EPC
- Gas Safety Certificate
- EICR
- Deposit confirmation
Notably, service of these documents was never required for a valid notice to be served under Section 8. As a result, there is now no need to serve them for an eviction notice to be valid. However, this does not mean the documents themselves are no longer necessary.
Do I still need to carry out these compliance measures?
Yes – with one exception. The How to Rent guide has been replaced with prescribed written information that landlords are required to provide (details here), which would be contained within the tenancy agreement.
Deposit confirmation may no longer be required to serve a Section 8 notice, but landlords are still required to provide tenants with a copy.
The risk here is that because this documentation is no longer tied to serving an eviction notice, standards and compliance among landlords could slip. If that happens, tenancies could continue for years without proper checks and documentation being provided, creating a genuine risk that important safety obligations are overlooked.
Landlords still need to ensure the following is carried out, with records kept:
- Annual gas safety inspection
- Electrical inspection every five years
- EPC every ten years
Will a national landlord database change this?
It’s entirely possible that the creation of a national landlord database is partly intended to monitor this and keep landlords on track – most likely with an additional cost attached.
Our view is that there’s so much change taking place that even experienced landlords will need time to adapt. As agents, we’ve had to invest a good deal of care, time and training ourselves to stay compliant.
The irony is that while the Renters’ Rights Act was intended to improve standards for tenants, it may in practice lead to increased costs, and to landlords assuming certain requirements no longer apply simply because they’re no longer linked to possession proceedings.
A big thank you to Laurence Deacon at Ali Legal Ltd for their help with the information in this article. If you have any pressing questions on this topic, we’d highly recommend getting in touch with Laurence directly at laurence@alilegal.co.uk.
We’d love to hear your thoughts on this. It’s a significant shift, and one that will take some getting used to for landlords, agents and tenants alike — the best way to get in touch is by emailing info@home-share.co.uk.
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