The legislation which controls residential lettings seems to be forever changing. All changes need analysing and implementing, and almost all changes will carry huge penalties if they are not adhered to correctly and on time.
At gps lettings we invest heavily in staff training. We are extremely mindful that if we do not know the laws that affect your residential tenancies, then we can very easily leave our landlords in awful predicaments with non-compliant tenancies and properties. This will result in huge fines, not being able to regain possession of properties and in some more serious breaches, imprisonment.
To make sure we are aware of the necessary and relevant legislation all staff take part in regular training sessions. These may be office based, via zoom meetings, via webinars, or externally with a qualified training provider.
More recently most of the team have also been taking formal qualifications to cement their knowledge. These have been a mixture of ARLA Propertymark qualification, and a highly recognised Government Apprentice scheme.
At the same time, I have also been completing some additional formal qualifications.
I am adding a pdf to this blog, which shows some of the notes I made during this process, where I noted down some of the legislation, case law and relevant points. This is not meant to be a true interpretation of the law, and some of my notes may be slightly inaccurate (so please do not rely on these in a court of law!!!), I am adding it just to show how complex the law can be, and how much a landlord should be aware of (or his letting agent should), to be able to let properties legally and compliantly.
Both myself and my team are always ‘learning’ as the law is always changing. We want to be able to offer landlords good and accurate advice, and to help our landlords navigate what is quite frankly a legal minefield.
There is so much legislation, that occasionally something crops up that even stumps us! This is where me being a member of ARLA Propertymark is helpful for our landlords. Due to my time spent working in this industry (Since 1988) and my level of qualifications, I am now a Fellow member of ARLA, as such I have access to a legal helpline meaning that if one of my landlords is in trouble and needs a little extra advice, I only have to reach for the phone to get this for them.
I am also a Certified Practitioner for the Chartered Institute of Housing.
If you are a landlord and are looking for a letting agent, I would be only too happy to have a chat with you and see if we can help you. Not all letting agents are the same!
Debbie Jones FARLA CERT CIH
| Year | Legislation | Description |
| 1925 | Law Of Property Act 1925 | Section 146 - Forfeiture Clause. Breach by tenant must be detailed to gain possession. |
| 1953 | Accommodation Agencies Act 1953 | Offence to charge a tenant for registering their details |
| 1953 | Accommodation Agencies Act 1953 | Ilegal to advertise a property without owners consent - case law Islington v Winkworth 1998 |
| 1953 | Case Law | Warren V Keen 1953 Judgement made by lord Denning, Tenants must live in a tenant like manner and undertake small and simple repairs themselves |
| 1954 | Business Landlord and Tenant Act 1954 | Live work tenancies |
| 1972 | Defective Premises Act Section 4 | Landlord responsible for repair which they ought to be aware of |
| 1974 | Health and Safety at Work Act 1974 | Banning Order Offence to commit offence under this act : Gas Safety Offences |
| 1974 | Control of Pollution Act 1974 | Noise from speakers and construction |
| 1974 | Health and Safety at Work Act 1974 | Landlords must ensure a duty of care to their tenant whist work is being undertaken in the rental property. |
| 1974 | Control of Pollution Act 1974 | Control of noise and waste on land - mainly from building works/ construction |
| 1974 | Health and Safety at Work Act 1974 | Identify risks of legionella bacteria |
| 1976 | Estate Agent Act 1976 | Does not apply to letting agents |
| 1977 | Protection From Eviction Act 1977 | Banning order Offence to commit offence under this act. Protects tenant from unlawful eviction |
| 1977 | Criminal Law Act | Banning Order Offence to commit offence under this act. Protects tenant from forceful entry |
| 1977 | Protection From Harassment Act 1977 | Protects a tenant from harassment from the landlord, eg violence, threats or intimidation, constant confrontation etc |
| 1977 | Protection from Eviction act 1977 | covers cutting off of utilities and other means of harassment |
| 1977 | Protection from Eviction act 1977 | Serve min 4 weeks notice to evict (although contract or other law applies if longer notice should be served). Cannot evict without due legal process. |
| 1977 | Rent Act 1977 | Applies to certain, older tenancies (pre housing act tenancies) Protected Tenancy and rent. Right of Succession |
| 1977 | Interference with Goods Act 1977 | Landlords cannot simply dispose of tenants goods |
| 1981 | Wildlife and Countryside Act 1981 | Deals with invasive plant species such as Japanese Knot weed |
| 1983 | Case law | Clarke v Taff ely bc 1983 under defective premises act, council prosecuted as tenant fell through flooring |
| 1983 | Case Law | GLC v Tower Hamlets 1983 Under Environmental Protection Act 1990, property design caused excessive condensation |
| 1985 | Housing act 1985 | Created the right in certain tenancies for a family member to take over tenancy on the death of the original tenant. Although had vague wording on HMO's - just 'not a single household' updated wording in Housing Act 2004 |
| 1985 | Landlord and Tenant Act 1985 | Landlords address to be provided if requested in writing by the tenant |
| 1985 | Landlord and Tenant Act 1985 | Landlord specifically responsible for: Structure and exterior repair, Repair and keep in working order installation for gas, electricity, water and sanitation, repair and keep in working order hot water and space hating installations, landlord not to pass these obligations onto a tenant |
| 1985 | Landlord and Tenant Act 1985 | If rent is paid weekly, landlord must supply a rent book |
| 1985 | Case Law | Street v Mountford 1985 Landlord tried to say it was not a tenancy but a licence. The judge rules just because you call it something else, doesn't mean it is, and that the tenant was protected as it was in fact rent act tenancy … judges comments ' a rose by another name would smell just as sweet' |
| 1987 | Landlord and Tenant Act 1987 | Section 47 - landlords address must be supplied for a lawful demand for rent |
| 1987 | Landlords and Tenant Act 1987 | Section 48 - Tenant must be given an address to serve notices within the UK |
| 1988 | The Furniture and Furnishings (Fire) (Safety) Regulations 1988 | Applies to beds, headboards, mattresses, sofas, cushions, pillows, stretch covers etc |
| 1988 | Housing Act 1988 (as amended in 1996) | Brought in the assured and the assured shorthold tenancy. |
| 1990 | Environmental Protection Act 1990 | Covers pollution from: smoke, fumes, gases, artificial lights and noise |
| 1992 | Case Law | A section 47 can be served retrospectively. So putting the landlord address on the Section 8, will comply with Section 47. Lindsey Trading Properties Inc v Dallhold Estates (UK) Pty Ltd 1992 and Rogan v Woodfield Building Services [1995] and Staunton v Taylor (2010) |
| 1993 | Case Law | Mountain v Hastings - struck out as full grounds and full wording of the section 8 were not listed |
| 1994 | Unfair terms in consumer contracts Act 1994 | Now covered under consumer Rights Act 2015 |
| 1996 | Arbitration Act 1996 | Help with disputes - follows a legal process - dealt with, without unnecessary delay or expense |
| 1996 | Noise Act 1996 | Covers noise issues during the hours of 11pm - 7am |
| 1997 | Protection From Harassment Act 1997 | Banning Order Offence to commit offence under this act Protection from harassment and stalking |
| 1998 | Case Law | Breach of Accommodation Agencies act 1953 - Islington v Winkworth |
| 1998 | Case Law | Islington v Winkworth 1998 Winkworths were prosecuted for advertising and letting a council owned property under The Accommodation Agencies Act 1953 |
| 1998 | Gas Safety (installations and Use) Regs 1998 | A Gas safety test must be carried out annually |
| 2000 | Proceeds of Crime and Money Laundering - terrorism Act 2000 | |
| 2002 | Proceeds of Crime Act 2002 | Banning Order Offence to commit offence under this act - offences surrounding criminal proceeds of crime and acquisition of property |
| 2003 | Anti Social Behaviour Act | High Hedge legislation (continuous barrier of2 or more 2 evergreens more than 2 meters high |
| 2003 | Criminal Justice Act 2003 | Banning Order Offence to commit offence under this act. Violent and Sexual Offences |
| 2003 | Anti Social Behaviour Act 2003 | |
| 2004 | Housing Act 2004 | Banning Order Offence to commit offence under this act. - Grounds, failure to adhere to an improvement notice |
| 2004 | Housing Act 2004 | Banning Order Offence to commit offence under this act. - Grounds, failure to comply with HMO licence obligations/ requirements |
| 2004 | Housing Act 2004 | Banning Order Offence to commit offence under this act. - Grounds, allowing overcrowding |
| 2004 | Housing Act 2004 | Tenancy Deposit protection legislation |
| 2004 | Housing Act 2004 | Houses in Multiple Occupation legislation / licensing |
| 2004 | Housing Health and safety rating Scheme | Used by Environmental Health to 'score' 29 hazards in a property |
| 2005 | Regulatory Reform (Fire safety) order 205 | Banning Order Offence to commit offence under this act Offences re fire safety |
| 2005 | Clean Neighbourhood Act 2005 | Noise from intruder alarms |
| 2005 | Clean Neighbourhoods and Environmental Act 2005 | |
| 2005 | Regulatory Reform (Fire safety) order 2005 | Fire risk assessments in HMO's |
| 2005 | General Product Safety Regs 2005 | Blind cords must be secured with a cleat. Prosecution is under these regs |
| 2006 | Fraud Act 2006 | Banning Order Offence to commit offence under this act |
| 2006 | The management of Houses in Multiple Occupation Regs 2006 | Regs place set legal duties on managers of HMO's |
| 2007 | The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 | Regs place additional legal duties on managers of HMO's. it is a criminal offence to not adhere to these duties. |
| 2009 | Case Law | Whitehouse v Lee 2009. Rent act 1977 tenancy, alternative accommodation must also be suitable in terms of location |
| 2010 | Equality Act 2010 | Individuals can not be discriminated against if they have any of the prescribed characteristics: age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief, sex, sexual orientation. |
| 2011 | Localism Act 2011 | Parts of the housing act were amended as they were not being interpreted as intended - famous superstrike case |
| 2013 | Enterprise and Regulatory Reform Act 2013 | Must belong to a redress scheme |
| 2013 | Article 4 | Article 4 limits the work that can be caried out without needing planning permission. When used around HMO's article 4 takes away the landlord permitted development right to convert from c3 accommodation (private dwelling house) to c4 accommodation (HMO) |
| 2013 | Case Law | Superstrike v Rodrigues 2013 - this case was overturned by the introduction of the deregulation act. The case originally prevented a landlord from servy a section 21 notice to a tenant, who was on a periodic tenancy, because the landlord had not re served the prescribed information to the tenant. Under the deregulation act it is ruled that prescribed information does not need to be reserved at every renewal. |
| 2014 | Anti Social Behaviour, Crime and Policing Act 2014 | Conduct causing harassment or distress, or nuisance, Housing related nuisance |
| 2014 | Anti Social Behaviour, Crime and Policing Act 2014 | Rowdy behaviour vandalism, graffiti, street drinking, littering, abandonment of vehicles |
| 2014 | Immigration Act 2014 | Right to Rent Checks mandatory - illegal to rent to someone who does not have the legal right to rent in the UK |
| 2014 | The Redress Schemes for Lettings Agency Work and Property Management Work (Approval and Designation of Schemes) (England) Order 2013 | Legal requirement for letting agents to belong to a redress scheme |
| 2015 | Consumer Rights Act 2015 | Regulates contract terms, descriptions and display of fees |
| 2015 | Deregulation Act 2015 | Bans Retaliatory Eviction. Cleared up the superstrike issue. Standardised the Section 21. |
| 2015 | Smoke and Carbon Monoxide Detector Alarm Regs | All rental properties must have a working smoke detector per floor. Carbon Monoxide detectors were only under certain situations (changed under amended regs in 2022) |
| 2016 | Immigration Act 2016 | |
| 2016 | Housing and Planning Act 2016 | Rent repayment orders can be granted for certain landlord breaches of regulations or legislation. Act also introduced banning orders |
| 2018 | Data Protection Act 2018 | Controls of how data is collected and stored and shared |
| 2018 | Homes Fitness for Habitation Act | |
| 2018 | Homes Fitness for Habitation Act | Implied obligation on tenants to grant access- fit for habitation at the start of a tenancy and throughout |
| 2018 | Domestic Minimum Efficiency Energy Regulations | Now illegal to let a property with an EPC rating of F or G |
| 2019 | Tenant fees Act 2019 | Unless specifically detailed in the Act, all other fees are prohibited payments |
| 2020 | The Electrical safety Standards in The Private Rented Sector Regs | Properties must have a 5 yearly (or sooner) Electrical installation and condition report (EICR) |
| 2020 | The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 | Under certain situations tenants can apply to have a breathing space from debts, whilst they work out a repayment plan |
| 2022 | Smoke and Carbon Monoxide Alarm (amendment) Regs 2022 | Amended the 2015 regs, to now include carbon monoxide detectors. |
| 2023 | Renters Reform Bill | Going to be the biggest change in legislation since the Housing Act 1988 - going through parliament now |
| Section 13 | Notice | Rent increase on a periodic tenancy, one months notice |
| Section 21 | Notice | No Fault eviction notice .. Min 4 months into tenancy, served EPC, How to rent guide, Gas safety, Prescribed info and safeguarded deposit |
| Section 3 | Notice | Change of landlord notice - can be served with Section 48 |
| Section 47 | Notice | landlords address must be supplied for a lawful demand for rent |
| Section 48 | Notice | Tenant must be given an address to serve notices within the UK |
| Section 8 | Notice | Eviction notice - mandatory and discretionary grounds |
