Latest Announcements 2018-06-13T10:47:48+00:00

Latest Announcements....

 Latest Announcements

– 28 Mar 2016 – THE RIGHT TO RENT

– 28 Mar 2016 – SECTION 21 CHANGES

– 12 Oct 2015 – LEGIONELLA REGULATIONS FOR RESIDENTIAL RENTAL PROPERTY

Latest News Announcement

Date: 28 March 2016 | Time: 10.25pm | Posted By: The Total Letting Service |

Right to Rent

Under Section 22 of the Immigration Act 2014  from February 2016 , it has now become necessary to check any potential tenant has the “right to Rent” before an application can be accepted. 

A landlord must not authorise an adult to occupy property as their only or main home under a residential tenancy agreement unless the adult is a British citizen, or European Economic Area (EEA) or Swiss national, or has a Right to Rent.

ID checks must be done in the presence of the potential Tenant and ID verified and copies retained.

If the person does not fall into the above category then:

  • It must be checked they have the right to live in the UK.
  • Any visa issued for the person to live in the UK must be copied and retained.
  • The Visa may have a time limit , if this is the case then it is the responsibility of the Landlord to ensure the Visa is checked at least 3 months prior to expiry and if the Visa has expired it is the responsibility of the Landlord to notify the Home Office.

Failure to carry out the checks include the following penalties:

  • Not being able to issue Section 21 notices for possession.
  • Large financial penalty for non compliance.

Please do not hesitate to contact the office for further information.

Latest News Announcement

Date: 28 March 2016 | Time: 10.25pm | Posted By: The Total Letting Service |

SECTION 21 CHANGES

The section 21 notice is the landlord’s best friend, allowing the landlord to seek possession of the rented property for no reason, other than the agreed period of renting has finished. The Deregulation Act 2015 has substantially changed the rules around these notice for:

The first change is to remove the requirement for the periodic version of the notice (the notice under section 21(4)) to end at the end of a period.

It still has to be in writing, it still has to be at least two months long and no shorter than a notice to quit. The last point can be ignored from monthly or weekly rentals.

The second change is that the section 21 notice cannot be served within the first four months of the commencement of the original tenancy.

If a renewal tenancy is signed up, then this does not reset the 4 month prohibition.

The third change is the introduction of a prescribed form for section 21.

These must be used for new tenancies created after 1 October 2015 but may be used for any assured shorthold tenancies. There is a single version of the notice for use on both fixed term and periodic agreements.

The fourth change is called prescribed requirements.

The regulations specifying these only currently require a gas safety record and an EPC, where these are required by law.

The fifth change is called prescribed information.

This should not be confused with the deposit prescribed information. In this case the prescribed information is the “How to Rent” guide. This has to be given at the outset and again at any form of renewal, if the version of the “how to Rent” guide. This has to be given at the outset and again at any form of renewal, if the version of the “how to Rent” guide has changed since it was originally given.

These new rules around section 21 are bound to catch out the unwary with claims for possession being thrown out for lack of compliance with the new requirements. This means evidence of compliance will be essential to be certain of possession.

Whilst the information researched and provided is believed to be correct, neither the sender nor anyone involved in the production of it, accepts responsibility for its accuracy.

News Announcement

Date: 12 October 2015 | Time: 9.34pm | Posted By: The Total Letting Service |

LEGIONELLA  REGULATIONS FOR RESIDENTIAL RENTAL PROPERTY

1. General Information

The Total Letting Service - The Legionella Bacteria

All landlords and letting agents in control of private rented properties are now required BY LAW to protect their tenants against the risk of contracting legionnaire’s disease.

Recent changes in the regulations surrounding Health & Safety legislation have brought domestic properties under the same legislative umbrella as commercial properties and new owners and managers of all private rented properties are required to comply with the law.

Under the legislation landlords and their agents must undertake a Legionnaire’s Risk Assessment at the property and implement control and preventative measures. The Assessment must be undertaken by a ‘competent person’ with the necessary specialist knowledge, and the findings of the Assessment recorded and retained for a period of at least 5 years and reviewed regularly.

Failure to comply with the Law could lead to a £20,000 fine or up to 2yrs imprisonment.

2. What the Government states

HSE Statement: http://www.hse.gov.uk/legionnaires/what-you-must-do.htm

If you are an employer, or someone in control of premises, including landlords, you must understand the health risks associated with legionella.

Duties under the Health and Safety at Work etc Act 1974 (HSWA) extend to risks from legionella bacteria, which may arise from work activities. The Management of Health and Safety at Work Regulations (MHSWR) provide a broad framework for controlling health and safety at work. More specifically, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provide a framework of actions designed to assess, prevent or control the risk from bacteria like Legionella and take suitable precautions. The Approved Code of Practice: Legionnaires’ disease: The control of Legionella bacteria in water systems (L8) [1] contains practical guidance on how to manage and control the risks in your system.

As an employer, or a person in control of the premises, including landlords you are responsible for health and safety and need to take the right precautions to reduce the risks of exposure to legionella. You must understand how to:

  • identify and assess sources of risk
  • manage any risks
  • prevent or control any risks
  • keep and maintain the correct records
  • carry out any other duties you may have

3. How to comply with the law :

It is your responsibility to conduct a suitable and sufficient risk assessment. You may be competent to carry out the assessment yourself but, if not, you should call on help and advice from either within your own organisation or from outside sources, e.g. consultancies.

4. Specific sources of Legislation relating to Landlords/Letting Agents responsibilities

  1. Health and Safety at Work etc Act 1974 – Section 4 – People in control of premises made available to people other than their employees.
  2. Management of Health and Safety at Work Regulations 1999 – Regulation 3 – All Duty Holders MUST carry out a suitable and sufficient risk assessment.
  3. Approved Code of Practice: The control of legionella bacteria in water systems – Duty Holders MUST assess, prevent or control the risks from legionella.

5. Advice from UKALA & NLA:

Our advice is simple. Landlords must carry out a simple, straightforward assessment and where this shows the risks are low, no further action is required. Where a risk is found, the type of action necessary will follow on from the nature of the risk but will normally only require simple control measures.

For agents, it’s important to remember that there’s been no change in law but it is sensible to remind your landlord clients of their legal obligations and signpost to advice and or services. If you do offer a risk assessment service but your landlord client declines this, then it may also be wise to get written confirmation that they intend to deal with the issue themselves.

For landlords and agents that choose to assess the risk themselves, a visual inspection of the water system’s installations and fittings should be carried out. You can visit the HSE for advice on how to conduct a simple risk assessment or obtain help and advice from a consultant or other competent person if you consider it necessary.

Please contact us to discuss your requirements:

Bradford on Avon on 01225 869235, at Chippenham on 01249 445917 or email via our Contact Page.

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