Being a landlord is brilliant, owning high yielding properties, the day to day management of your properties, liaising with tenants, dealing with their issues, often having to take on responsibilities of housing providers and social workers as you help your tenants to budget their money to ensure next month’s rent comes rolling in… But it’s not all fun and roses. Have you considered all the laws you have to be aware of?
Last year, we released an article detailing more than 125 laws you need to be aware of as a landlord if you’re letting property in the United Kingdom and property managers and letting agents need to be aware of these too! Not being aware or deliberately ignoring the existence of these laws can lead to lengthy prison sentences, hefty fines or banning orders preventing you from continuing your activities as a landlord! New laws even ban landlords in breach of certain legislation from using Section 21 to evict your tenant.
So, what’s the big idea? Why are we releasing another article? Well, quite simply, there is even more laws you need to be aware of! And the penalties for non-compliance are even bigger! With the changes to mortgage interest rate relief, the Tenant Fees Act 2019, Minimum Energy Efficiency Standards, Fitness for Human Habitation 2018 and the anticipated Mandatory Electrical Safety Testing Bill making Electrical Installation Conditional Reports a legal requirement and the Private Landlord Registration Bill. Below, is an extensive list of laws residential landlords (excluding HMO landlords) need to be aware of;
- Accommodation Agencies Act 1953
- Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
- Anti-Social Behaviour Act 2003
- Building Act 1984
- Building Regulations 1991
- Building Regulations 2000
- Building Regulations 2010
- Business Protection from Misleading Marketing Regulations 2008
- Construction (Design and Management) Regulation 2012
- Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013
- Consumer Protection (Distance Selling) Regulations 2005
- Consumer Protection Act 1987
- Consumer Protection from Unfair Trading Regulations 2008
- Consumer Rights Act 2015
- Consumer Rights Act 2015 Part 2
- Control of Asbestos Regulations 2012
- Control of Substances Hazardous to Health Regulations 2002
- Cost of Leases Act 1958
- Council Tax (Chargeable Dwellings Order) 1992
- Council Tax (Additional Provisions for Discounts Disregards) Order 1992
- Data Protection Act 1998
- Data Protection Act 2018
- Defective Premises Act 1972
- Deregulation Act 2015
- Distress for Rent Act 1737
- Electrical Equipment (Safety) Regulations 1994
- Electricity Act 1989
- Energy Act 2011
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
- Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007
- Energy Performance of Buildings (England and Wales) Regulations 2012
- Environmental Protections Act 1990
- Equality Act 2011
- Equality Act 2010
- Finance Act 1995
- Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989
- Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
- Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2010
- Furniture and Furnishings (Fire) (Safety) Regulations 1988
- Gas Safety (Installation and Use) Regulations 1998
- General Data Protection Regulation (GDPR) (EU) 2016/679
- Health and Safety at Work etc. Act 1974
- Homes (Fitness for Human Habitation) Act 2018
- Housing (Management of Houses in Multiple Occupation) Regulations 1990
- Housing (Tenancy Deposits)(Prescribed Information) Order 2007
- Housing Act 1980
- Housing Act 1985
- Housing Act 1988
- Housing Act 1996
- Housing Act 2004
- Housing and Planning Act 2016
- Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018
- Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018
- Housing Health and Safety Rating System
- The Housing Health and Safety Rating System (England) Regulations 2005
- HSE Approved Code of Practice L8 Legionnaires 2013
- Immigration Act 2014
- Immigration Act 2016
- Landlord & Tenant Act 1730
- Landlord and Tenant (Covenants) Act 1995
- Landlord and Tenant Act 1927
- Landlord and Tenant Act 1985
- Landlord and Tenant Act 1987
- Landlord and Tenant Act 1988
- Law of Property (Miscellaneous Provisions) Act 1989
- Law of Property (Miscellaneous Provisions) Act 1994
- Law of Property Act 1925
- Leasehold Property (Repairs) Act 1938
- Licensing and Management of Houses in Multiple Occupation and other houses (Miscellaneous Provisions) (England) Regulations 2006
- Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
- Limitation Act 1980
- Local Government (Miscellaneous Provisions) Act 1976
- Local Government (Miscellaneous Provisions) Act 1982
- Localism Act 2011
- The Electrical Equipment (Safety) Regulations 1989
- Management of Health and Safety at Work Regulations 1999
- Management of Houses in Multiple Occupation (England) Regulations 2006
- MHCLG How to Rent Guide
- Misleading Marketing Regulations 2008
- Money Laundering Regulations 2007
- Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- Noise and Statutory Nuisance Act 1993
- Noise Act 1996
- Notices to Quit (Prescribed Information) Regulations 1980
- Occupiers Liability Act 1957
- Occupiers Liability Act 1984
- Part P Building Regulations (Electrical Safety in Dwellings) (see The Building Regulations 2010)
- Party Wall Etc Act 1996
- Plugs and Sockets etc. (Safety) Regulations 1994
- Property Misdescriptions Act 1991
- Protection from Eviction Act 1977
- Protection from Harassment Act 1997
- Rent Act 1977
- Rent Acts (Maximum Fair Rent) Order 1999
- The Rent Book (Form of Notices) Regulations 1982
- Rent Regulation (Cancellation of Registration of Rent) Regulations 1980
- Section 8 (see Housing Act 1988)
- Section 21 (see Housing Act 1988)
- Selective Licensing of Houses (Additional Conditions) (England) Order 2015
- Selective Licensing of Houses (Specified Exemptions) (England) Order 2006
- Service Charges (Summary of Rights and Obligations and Transitional Provisions) (England) Regulations 2007
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015
- Smoke Detectors Act 1991
- Tenancy Deposit Protection (see Housing Act 2004)
- The Housing (Tenancy Deposits) (Prescribed Information) Order 2007
- Tenancy Notices and Prescribed Requirements Regulations 2015
- The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003
- The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
- The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018
- The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018
- The Management of Health and Safety at Work Regulations 1999
- The Proceeds of Crime Act 2002
- The Redress Schemes for Lettings Agency Work and Property Management Work (Approval and Designation of Schemes) (England) Order 2013
- The Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014
- The Regulated Tenancies (Procedure) Regulations 1980 (see Limitation Act 1980)
- The Terrorism Act 2000
- Limitation Act 1980
- TORTS (Interference with Goods) Act 1977
- Town and County Planning Act 1990
- Town and Country Planning (Control of Advertisements) Regulations 2007
- Unfair Contract Terms Act 1977
- Unfair Terms in Consumer Contracts Regulations 1999
- Unfair Terms in Consumer Contracts (Amendment) Regulations 2001
- Tenant Fees Act 2019
Going into 2019, landlords will also want to be aware of the following:
- Mandatory Electrical Safety Testing
- Private Landlords Registration Bill
- Reduction in Mortgage Interest Rate Tax Relief ( AKA Section 24)
As landlords can imagine, there are a lot of rules to bear in mind and tenants aren’t dumb. Over the years, tenants have become more professionalised within the sector to a point where they can be reasonably expected to hold their landlord or letting agent to account. This is why, for landlords in Leicester and Leicester letting agents like ourselves, we have to be careful and undertake regular training and educational activities to keep on top of the legislative changes and to learn new ways to protect our bottom line.
It’s important landlords in 2019 aren’t falling foul of the law. It’s become clear that the Government intends to professionalise the sector and rightfully so, this means the government are trying to force Sole-Trader landlords out of the equation and encourage landlords to form limited companies, which is something we can help you to do, there will be costs associated with this including Capital Gains Tax and Stamp Duty Land Tax which are other laws you need to be aware of as a property investor.
One way to avoid falling foul of these more than 150+ laws is to instruct Andrew Hill to manage your property who will keep you regularly updated with changing landlord and housing legislation. We pride ourselves on maximising our client’s return on investment and protecting your bottom line; through our Fair Fee Guarantee, we only generate profit when you’re achieving an income!