The National Landlords Association has lambasted new rules that are to be introduced in just three weeks’ time.
These new legislations were announced last week by the Department of Communities and Local Government (DCLG) and will come into force on the 1st October.
Included in the new regulations is an updated Section 21 form, alongside an obligation for landlords to give tenants an energy performance certificate and Gas Safety certificate.
Under the new laws, landlords will be permitted to provide the most up to date documentation at the beginning of each new tenancy agreement. It must be noted that landlords are not required to provide an updated version during the tenancy, or should the tenancy become a replacement tenancy.
Should landlords fail to adhere to any of the new rules, they cannot serve tenants with a, ‘no fault’ Section 21 eviction notice.
A further change is that a Section 21 notice cannot be given until four months after the beginning of a tenancy agreement and cannot be used six months after it has been served. In addition, this notice cannot be served for six months following a local authority serving an improvement notice or has carried out remedial action.
It is fair to say that Richard Lambert, chief executive officer of the National Landlords Association, is not a fan of the proposed changes. Lambert described the alterations as, ‘plain farcical,’ before going on to say that, ‘these regulations are poorly worded, badly timed and are being tabled with just days to spare before they are due to come into force on 1 October.’
NLA slams new Section 21 rules
‘As we understand it, there will be no guidance from the Government explaining how to comply before then. How can a landlord about to let a property on a tenancy from the start of October be expected to comply with these new requirements if they’ve not been told what they are and what is expected,’ he asked.
Lambert believes, ‘given that there is no Government budget for marketing these new laws and so it is relying on industry organisations and professional advisers as the main route to compliance, it’s shoddy to say the least.’
‘Coming hot on the heels of the smoke and carbon monoxide alarm debacle in the Lords, which due to official incompetence looks highly unlikely to come into force this year, this is something akin to a Laurel and Hardy sketch,’ Lambert concluded.’