For those who have decided to remain as investors in residential property and for those still contemplating such investment in spite of the disincentives of recent budgets there are yet further regulations that need to be kept in view. These regulations are in addition to the requirement to carry out Right to Rent checks for all Assured Shorthold Tenancies created after the 1st February 2016.
In respect of Assured Shorthold Tenancies created after 1 October 2015 and in addition to previous regulations relating to the requirement for Tenancy Deposit Certificates, a Landlord must also provide tenants with the following:
- A copy of the Energy Performance Certificate, free of charge.
- A copy of the Gas Safety Certificate.
- A hardcopy of the General Publication “How to Rent: The Checklist for Renting in England”. Alternatively if the Tenant has provided an email address an email version https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf
In default of compliance with these regulations a Section 21 Notice served by the Landlord to bring a tenancy to an end will be invalid and will not support the commencement of No Fault Accelerated Possession Proceedings.
Although Landlords may well be able to rely upon reputable and experienced letting agents to ensure compliance, a prudent Landlord is advised to check and obtain copies of documents evidencing compliance. Thus they will be well prepared for any future need to serve a Section 21 Notice perhaps several years after the creation of the Assured Shorthold Tenancy.