RENTERS’ RIGHTS ACT
A COMPLETE GUIDE FOR LANDLORDS
What the changes mean for landlords, how landlords can prepare and how Cope & Co. can provide ongoing help and support.
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Table of Contents
3
Introduction
Renters’ Rights’ Act Overview
4
The Abolition of Section 21 “No Fault” Evictions Section 8 - Grounds for Possession
6
7
The End of Fixed Term Tenancies
8
A Bullet Point Summary of the Renters’ Rights Act
10
& LetSimple from Cope & Co. Rent Increases and Section 13 ™ Contact Us
12
17
18
No More Rents in Advance
19
A Quick Compliance Test
26
This document does not constitute any form of legal advice.
Version 1.3 October 2025
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Introduction
Owner - Cope & Co. by Daren Cope
The Renters’ Rights Act marks a significant shift in the private rental sector, bringing changes that will reshape the way landlords manage their properties and tenancies. While change can be challenging, it also presents an opportunity to adapt, strengthen, and future-proof your rental business. At Cope & Co, we understand that navigating these new regulations can feel overwhelming, but you don’t have to do it alone. Our team is here to provide expert guidance, ensuring you remain compliant while continuing to offer high-quality rental homes. Whether it’s helping you understand your rights as a landlord, advising on compliance issues, or streamlining property management, we are committed to making this transition as smooth as possible. With over 25 years of experience and an outstanding reputation across Derbyshire, we have guided landlords through evolving regulations time and time again. Our team is here to provide clear, professional advice to ensure you remain compliant while protecting your investment and rental income. At Cope & Co, we believe that successful property management is built on more than just legislation and logistics - it’s about relationships. We offer landlords genuine care through our responsive, personal service; comfort in knowing that every detail is handled with professionalism; and confidence that comes from working with a knowledgeable team who are deeply rooted in the local market. Our approach is grounded, practical and built on trust - because we know that when landlords feel supported, they can adapt to change and continue to thrive in the private rental sector.
If you have any questions about what the Renters’ Rights Act means for you, we’re here to help. Let’s move forward together with confidence.
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Overview
The new Renters’ Rights Act includes sweeping reforms that will result in a dramatic shift in the private rental landscape for both landlords and agents.
HEADLINES
& This legislation brings an end to Section 21 "no-fault" evictions resulting in reduced powers to regain possession of properties. With increased restrictions on tenant evictions, landlords may face months or even years struggling to remove problematic tenants. The end of fixed-term tenancies means landlords may face even greater uncertainty with their rental income. Without the security of a fixed-term agreement, tenants can leave with minimal notice leading to potentially prolonged void periods and an unpredictable income stream. The Act also amplifies the pressure on landlords to maintain meticulous documentation and records, as increased scrutiny and tighter regulations demand transparency at every stage of the tenancy. From tenant communications to property maintenance logs, the need for precision in record-keeping has never been higher.
The Abolition of Section 21 “No Fault” Evictions
Expansion of Grounds for Possession
The End of Fixed Term Tenancies
Section 13 Notices to be the only way to Increase Rent
Changes to Accepting Rents in Advance
Protecting Landlords in Derbyshire and East Staffordshire since 1999.
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The Abolition of Section 21 “No Fault” Evictions The abolition of Section 21 under the Renters’ Rights Act marks a significant change for landlords in England. Section 21 currently allows landlords to evict tenants without providing a specific reason, as long as they give two months' notice following the end of a fixed-term tenancy, or during a periodic tenancy.
KEY IMPACTS ON LANDLORDS
HOW LANDLORDS CAN ADAPT
End of 'No-Fault' Evictions Landlords will no longer be able to regain possession of their property without providing a valid legal reason. Stronger Grounds for Possession under Section 8 Landlords will have to rely on Section 8 eviction notices, which require specific legal grounds for possession. Potentially Longer Eviction Timelines Section 8 evictions involve court proceedings. If the courts face backlogs, there could be significant waiting periods before regaining possession. Increased Compliance and Legal Costs Landlords will need to revise processes, keep more accurate records of tenant behaviour and be ready for potential disputes in court. Changes in Tenant Selection Landlords will more likely become more selective when choosing tenants to reduce future eviction risks.
Review tenancy agreements to ensure they comply with the new laws. Revise referencing criteria to minimise the risk of issues later. Stay updated on the new Section 8 grounds and potential court reforms. Consider Rent Guarantee Insurance to protect against arrears and legal costs Engage with a specialist letting agent who can help navigate the changing legal landscape.
&
This is undoubtedly the most multi faceted piece of legislation to impact the private rental sector in the last 30 years. It is an absolute game-changer for landlords and agents alike.
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Section 8 - Grounds for Possession Landlords will have to rely on a set of expanded Section 8 grounds to evict tenants. These grounds are split into two types; Mandatory and Discretionary. If a Mandatory ground is proven in court, possession MUST be awarded to the landlord. However, even if a Discretionary ground is proven, a judge still has the authority to not award possession based upon the details of the specific case.
MANDATORY Ground 1 - If the landlord or a family member wishes to move into the property. Only after the tenancy has exceeded 12 months. 4 months Ground 1A - If the landlord wishes to sell the property, this can only be done after the tenancy has exceeded 12 months. 4 months Notice Periods in Green
DISCRETIONARY Ground 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy. 2 months Ground 10 - If the tenant is in any amount of rent arrears. 4 weeks Ground 11 - If the tenant is constantly late in paying rent. 4 weeks Ground 12 - If the tenant has breached the tenancy agreement, excluding rent payments. 2 weeks
Ground 2 - Mortgage provider wishes to repossess the property. 4 months
Ground 2ZA - 2ZD - If the leasehold has ended and the landlord does not own the freehold. (4 Separate grounds). 4 months Ground 4 - In the 12 months prior to the start of the tenancy, the property was let to students. Can only be used by specified educational establishments. 2 weeks Ground 4A - A HMO is let to full-time students and is required for a new group of students in line with the academic year. Cannot be used if the tenancy was agreed more than 6 months in advance of the tenancy starting (i.e. the tenant moving in). 4 months Ground 5 - The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion. 2 months Ground 6 - If a landlord wishes to demolish or redevelop the rented property to the extent that the tenant cannot live there. Conditions apply. 4 months Ground 6A - The tenant has been provided with alternative accommodation by a relevant social landlord while redevelopment affecting the tenant’s original home is carried out. 4 months
Ground 13 - If the tenant has deteriorated or neglected the landlord's property. 4 weeks
Ground 14 - If the tenant is a nuisance or annoyance to neighbours, or using the property for illegal or immoral activity. Immediate - no notice Ground 14A - Social landlords can evict a domestic violence perpetrator if the victim has fled. 2 weeks Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot. 2 weeks Ground 15 - If the tenant has allowed deterioration to furniture provided by the landlord. 2 weeks Ground 17 - If the tenant was given the tenancy with a "false statement". 2 weeks Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support. 4 weeks
Ground 6B - The landlord is subject to enforcement action and needs to regain possession to become compliant. 4 months
Ground 7 - If a tenant has passed away, but this cannot be used if a surviving spouse is living in the property. 2 months
Ground 7A - If the tenant has committed "serious antisocial behaviour". Immediate - no notice
Ground 7B - If any of the tenants has no Right to Rent. 2 weeks
Ground 8 - If the tenant is at least 3 months in arrears (or 13 weeks if rent is paid weekly or fortnightly). 4 weeks
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The End of Fixed Term Tenancies
The replacement of fixed-term tenancies to a system of periodic tenancies is another significant change that will reshape the private rental sector. Instead of tenants signing agreements for a set period (e.g., 6 or 12 months), all tenancies will now be open-ended, meaning they continue indefinitely until either the tenant chooses to leave or the landlord has a legal reason to regain possession.
Overnight Shift
No Minimum Term
Upon the ‘Commencement Date, all Assured Shorthold Tenancies will instantly become periodic. Any tenancy signed from now until that date will be affected, as well as all existing tenancies.
Tenancies will operate on a rolling, month-to-month basis and there will be no minimum term for new or existing tenancies. This means tenants have the option to leave at any point by giving two months’ notice.
Tenant Quality from
The best way to prevent eviction delays is to avoid the courts altogether. To achieve this, landlords need high- quality tenants in their properties. Of course, even the most reliable tenants can suddenly fall on hard times. However, robust referencing software helps to ensure that tenants don't fall into arrears and the properties they occupy don't fall into disrepair.
Our PRO referencing package from industry leaders, Goodlord, gives Cope & Co. the best chance of placing trustworthy, reliable tenants in the properties that we manage for our landlords. References are completed in under 24 hours, with a very high pass rate. We rely on the data as we get far fewer ‘false fails’ than previously. So when a reference does fail, we know it’s because we’ve mitigated the risk.
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KEY IMPACTS ON LANDLORDS
HOW LANDLORDS CAN ADAPT
Tenants Can Leave with Two Months’ Notice Tenants will have the right to leave at any time, provided they give two months' notice. This offers flexibility to tenants, but it means landlords could experience unexpected vacancies. Tenancy Uncertainty Without fixed-term agreements, landlords will not have the same control over when a tenancy ends. With potentially shorter tenancies, the number of tenancies in a year may increase. No Renewals - No Automatic Rent Increases Previously, landlords could increase rent at renewal when a new fixed term began. However, with no tenancy renewals, rents can only be increased once a year using a Section 13 notice. Greater Focus on Long-Term Tenants Since landlords won’t be able to end a tenancy just because a fixed term expires, maintaining good tenant relationships will be key. A positive landlord-tenant dynamic can encourage tenants to stay longer and take good care of the property. Changes in Tenant Selection Landlords will more likely become more selective when choosing tenants to reduce future eviction risks. Thorough tenant screening can reduce void periods and increase tenancy length.
L andlords may need a proactive re-letting strategy to ensure minimal void periods. Revise referencing criteria to minimise the risk of issues later.
Encourage tenants to stay through good
communication and responsive property management.
Engage with a specialist letting agent who can help navigate the changing legal landscape.
Rent Guarantee is a no brainer - especially now that arrears are almost certainly going to increase. Having regular rent ensures that mortgage payments can still be paid.
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A Bullet Point Summary of
END OF FIXED TERM TENANCIES All tenancies will be periodic, rolling tenancies ‘One Day’ transition - all fixed term tenancies will automatically become periodic on the ‘commencement date’ Tenant can give 2 months notice to leave
ABOLISHMENT OF SECTION 21 Section 21 notices are being abolished Can only use Section 8 to evict a tenant New and revised grounds for possession Detailed evidence required whichever ground is being used
SELLING THE RENTAL PROPERTY OR MOVING IN 12 Month ‘protected period’ from the start of each tenancy in which the landlord can’t sell/move into the property 12 Month ‘protected period’ is from the tenancy start date and NOT the ‘commencement date’ of the Act. 4 Months notice is required to advise the tenant of intentions 4 Months notice can be given on the first day of Month 9 so that notice expires on the same day as the ‘protected period’ Courts will require evidence of a genuine intention to sell/move in If the property is NOT sold or moved into, there is a 12 month ‘restricted period’ in which the property CANNOT be re-let
PET IN LETS Tenants must apply to have a pet in writing Landlord has 28 days to respond to the request Landlord required reasonable grounds to refuse
GROUNDS FOR POSSESSION REGARDING TENANT ARREARS Mandatory threshold for eviction increasing from 2 to 3 Months Notice period to tenant increasing from 2 to 4 Weeks Consider taking out a robust Rent Guarantee Insurance policy
A BAN ON RENTAL BIDDING Once a property is advertised with a rental price, any offers above that advertised rent CANNOT be accepted The rule applies THROUGHOUT the tenant application process Tenants cannot ‘outbid’ each other in order to secure the property
RENT INCREASES and SECTION 13 NOTICES Rent can only be increased ONCE a year using a Section 13 notice Landlord must give 2 months’ notice to advise the tenant of an increase Rents must only be increased to market rents for the property All rent increase clauses in existing tenancies on ‘commencement date’ will be null and void Tenants can challenge any rent increase via the First-Tier Tribunal All property adverts MUST have the rent clearly shown
The Renters’ Rights Bill
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LANDLORD OMBUDSMAN
ENFORCEMENT, INVESTIGATORY POWERS, FINES and PENALTIES Local authorities will have extended powers to investigate complaints conduct inspections, and issue penalties for breaches of the legislation There will be a shift in empowering local authorities with greater enforcement powers, reducing reliance on the courts Initial or minor non-compliance will incur a civil penalty of up to £7,000 and serious, persistent or repeat non- compliance a civil penalty of up to £40,000 , with the alternative of a criminal prosecution. Civil penalties do not need court involvement (e.g. parking fine) Local authority can impose if they feel an offence has taken place ‘beyond all reasonable doubt’ Rent Repayment Orders maximum payout increases from 12 months to 2 years - 24 x monthly rent RENTS IN ADVANCE Only ONE MONTHS RENT can be taken prior to the start of a tenancy A rent period CANNOT be longer than ONE CALENDAR MONTH. Any clauses stating that rent is payable quarterly, or 4 weekly, or 6 monthly will be null and void – including those in existing agreements upon the ‘commencement date’. Taking 6 or 12 months rent in advance for a tenant with a poor credit history, for example, is not allowed.
Mandatory to join for landlords - even if they use a letting agent Cannot advertise properties for rent unless registered Severe penalties for not joining
PRIVATE RENTAL SECTOR DATABASE Mandatory to join for landlords Centralised database containing landlord and property information Accessible by local authorities, enforcement officers, tenants Cannot advertise properties for rent unless registered Severe penalties for not joining DECENT HOMES STANDARD (DHS) and AWAAB’S LAW DHS sets our clear standards and requirements for rental properties DHS is currently used in social housing - being extended to the private sector Local authorities will have the power to levy fines and penalties Awaab’s Law relates to the tragic death of 2-year old Awaab Ishak due to prolonged exposure to mould in his social rented home. Awaab’s Law sets out new requirements for landlords to address hazards, such as damp and mould, within a specified time period Tenants can bring enforcement action for non-compliance
Let Simple A lettings and property management service for landlords designed for the changing landscape of the private rental sector. TM
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What is LetSimple ? TM
One of the ways in which Cope & Co. is adapting to this new world is our unique lettings and property management service, LetSimple . LetSimple is a fully managed lettings and property management service that adds more value for landlords as well as being cost effective and providing a more consistent cashflow. With LetSimple , landlords pays a single monthly subscription which replaces all the usual fees incurred by a landlord when letting a property.
Included
Maintenance Costs Gas Safety Certificate Cost Electrical Certificate Cost Energy Performance Certificate Cost Landlord Sanction Checks Not included
All Advertising and Marketing Accompanied Viewings Tenant Referencing and Tenancy Setup Tenancy Deposit Registration Photographic Property Inventory Collecting Rent and Chasing Arrears Arranging Maintenance Works Periodic Property Inspections Check Out and Final Inspection Annual Rental Income Statements Tenancy Deposit Return Serving Notices (Section 8; 13 etc.) Arranging all legal certificates RENT GUARANTEE PROTECTION
An agent willing to adapt their services in response to a major piece of legislation shows that Cope & Co. are forward thinking in their approach to letting and managing properties.
CASHFLOW & FEES
RENT GUARANTEE
LANDLORD CARE
Over the course of an average tenancy, which is currently around 35 months, it will cost the landlord significantly less than a typical fully managed service. LetSimple prevents major cashflow fluctuations, especially in the first couple of months of a new tenancy when the majority of fees are deducted from the rent. In conjunction with our ‘Landlord Disaster Recovery’ policy, LetSimple creates the certainty of regular rental income.
Included in the monthly subscription is ‘Landlord Disaster Recovery’ – Ultimate Rent Protection. This superb NIL excess rent guarantee policy ensures that landlords receive their rent, even if the tenant fails to pay. It also includes legal cost cover and will pay the rent until vacant possession is obtained.
LetSimple allows landlords to sit back and relax that little bit easier knowing that LetSimple will reduce stress levels and provide a much more comfortable lettings experience. As an independent, innovative agent, we firmly believe that the desire to adapt to this changing landscape will help landlords thrive in the private rental sector of the future.
A service that makes letting a property much easier and gives increased protection for landlords and their properties.
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The Benefits
Lets look at landlord fees situation under the new Renters Rights Bill. Here is a typical 6 month tenancy under the CURRENT legislation:
In month 1, the tenant moves in and up front fees are deducted from the first months rent. Setup Fees, Inventory Fees, Deposit Registration Fees, Referencing Fees, the list goes on. Management fees are charged monthly as the tenancy progresses and these are usually a percentage of the rent being paid. If a landlord opts for a rent guarantee policy, then the costs for this are typically also charged on a monthly basis.
Lets assume that the tenant stays for the initial fixed term of 6 months and then moves out. A new tenant is found and the whole fee charging process starts all over again. So, under current legislation – unless an early termination is agreed with the landlord – there can only be a maximum of 2 tenancies in a year.
However, with no fixed term tenancies under the Renters Rights Bill, the situation changes. The first tenant could decide to only stay for 3 months, the next tenant could stay for 6 months and then a third tenant moves in. All of a sudden, there are now 3 tenancies in the year – and also 3 lots of up front fees incurred by the landlord. Theoretically, there could actually be 4 tenancies in a year if the first 3 tenancies only lasted 3 months each!
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So, how does LetSimple protect a landlord from potentially excessive fees? First of all, the monthly payment is on a fixed fee structure – it is not a percentage of the rent. Fees are fixed for the duration of the tenancy – if there is a rent increase during the tenancy, the fee does not change. If the tenant moves out prior to month 6, the landlords fees are protected. As there are no up front fees, the monthly payment will only be paid for the duration of the tenancy. There will be agreed, automatic fee REDUCTIONS in place after 6 and 12 months. The longer the tenancy, the lower the monthly fee.
For the first 6 months of the tenancy, the monthly payment is fixed at the agreed amount.
From month 7, the monthly payment reduces by 50%
If the tenant stays beyond a year, the monthly payment reduces again and remains the same until the tenant leaves.
Fairer and Predictable Fees
Fairer Fees
There will be bespoke fee structure agreed for each individual property . LetSimple is not a blanket management service simply based upon the rent being paid – it is calculated property by property for complete transparency and fairness. At Cope & Co. we believe that, in the reformed private rental sector, the monthly rent alone should not determine the fees that landlords should pay. The LetSimple Fee is based on a number of factors including; Location Condition Property Type Tenant Demographics Property Management Needs Portfolio Numbers We firmly believe that this is a much fairer and logical way of determining the fees payable. A far more realistic way of calculating landlord fees. LetSimple shows that Cope & Co. have put some serious thought into what landlords actully want from a letting agent.
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Rent Increases & Section 13 The Renters’ Rights Act introduces key changes to how and when landlords can increase rent, aiming to make rent adjustments fairer and more transparent for tenants while still allowing landlords to keep pace with market rates. Landlords will no longer be able to set automatic rent increases clauses within tenancy agreements. Instead, they will need to follow a formal rent review process using Section 13.
KEY IMPACTS ON LANDLORDS
HOW LANDLORDS CAN ADAPT
Annual Rent Increases via Section 13 Landlords can only increase rent once per year using the Section 13 notice process. The increase must be fair and in line with local market rates. No More Rent Increase Clauses in Tenancy Agreements Previously, landlords could include rent increase clauses in agreements, allowing increases at different times. Such clauses will be null and void. Rent Increases May Be Delayed If a tenant believes an increase is above market value, they can refer it to the First-tier Tribunal who will decide whether the increase is reasonable. Increased Administration L andlords must give 2 months notice to increase rent using Section 13.
Stay informed about local rent prices to ensure increases are reasonable and less likely to be challenged. Ensure proper legal procedures are followed when serving a Section 13 notice to avoid disputes. Document market comparisons and reasons for rent increases. Having a clear and fair rationale will strengthen the position if reviewed by a Tribunal. Engage with a specialist letting agent who can help navigate the changing legal landscape.
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No More Rents in Advance The Renters’ Rights Act will end the practice of accepting large amounts of rent in advance from tenants looking to secure a tenancy. The Tenant Fees Act 2019 will be amended to prohibit landlords or letting agents from requiring or accepting any payment of rent in advance of the tenancy being entered into. Only one month’s rent (or 28 days’ rent for tenancies with rental periods of less than one month) will be acceptable once a tenancy agreement has been signed and before commencement.
KEY IMPACTS ON LANDLORDS
HOW LANDLORDS CAN ADAPT
& Rent Period A rent period cannot be longer than one calendar month. Holding Deposits and Tenancy Deposits Accepting a Holding Deposit and the Tenancy Deposit prior to the agreement being signed, will still be allowed. Limit on Rent in Advance Landlords will be restricted to asking for only one month's rent in advance, whether for a tenancy or a license. Prohibited Pre-Tenancy Rent Payments The bill introduces "prohibited pre-tenancy rent payments" as a new category under the Tenant Fees Act, meaning landlords and agents cannot ask for or accept the initial rent payment until the tenancy agreement is signed. No Legal Effect of Advance Rent Terms Any terms in a tenancy agreement stating that rent is due in advance will be null and void and unenforceable.
Review tenancy agreements to ensure they comply with the new laws. Revise referencing criteria to minimise the risk of issues later. Ensure timings are accurate and compliant when accepting the first months Consider Rent Guarantee Insurance to protect against arrears. Engage with a specialist letting agent who can help navigate the changing legal landscape. rent and signing the tenancy agreement .
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Next...
Take our Quick Compliance Test
How Ready Are You to Self-Manage Your Rental Property?
Thinking of managing your own rental property or already doing everything yourself?
It can be a rewarding experience - but it also comes with a fair bit of responsibility. With ever-changing legislation and compliance requirements, it’s important to know where you stand. We’ve put together a quick, no-pressure compliance check to help you assess your current knowledge. It’s not a test in the traditional sense - just a helpful tool to highlight where you’re already strong and where a little extra support might be useful.
Take a few minutes to see how ready you are. And remember, whether you choose to go it alone or want a bit of expert backup, Cope & Co is always here to help.
Compliance Check
Please note , his checklist is for current legislation prior to the implementation of the Renters’ Rights Act.
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Follow this comprehensive checklist to ensure that you, your property and your tenancy are all compliant with current legislation.
Score yourself a
for a ‘YES’ and a
for a ‘NO’...
Pre-Tenancy Checks
Consents to Let
If there is a mortgage, is the necessary consent in place to allow the property to be let?
Is there a specific landlord insurance in place?
If the property is leasehold, are there any covenants being breached? As a landlord, are you registered with the Information Commissioners Office (ICO)?
Safety Legislation
Gas Safety Certificate : Has this been completed by a Gas Safe registered engineer prior to the tenancy starting and a copy given to the tenant? Electrical Installation Condition Report (EICR) : Is there a valid EICR certificate on the property and a copy given to the tenant at the start of the tenancy? Smoke & Carbon Monoxide Detectors : Are the necessary alarms installed as per the current regulations? For example, is there a working smoke alarm on each floor? Has a Portable Appliance Test (PAT) been conducted on every appliance belonging to the landlord that has been left at the property? Is there a valid Energy Performance Certificate (EPC) for the property with a rating of 'E' or above to comply with the Minimum Energy Efficiency Standards (MEES)? Is there a Housing Health and Safety Rating System (HHSRS) risk assessment on file? Is there a Fit For Human Habitation (FFHH) assessment on file?
Setting up the Tenancy
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Has the tenant(s) been fully referenced to check financial viability and employment details? Right to Rent checks on all 18+ occupiers are compulsory. Failure to to this can result in a prison sentence and a large fine under the Immigration Act 2016. All personal documents are kept securely in line with GDPR Regulations. If a Tenancy Deposit has been taken, is it protected and registered with an appropriate Government Scheme? Has the Deposit Protection Certificate and Prescribed Information been served to the tenant? Is there sufficient proof that the Gas Safety Certificate, the EICR and the EPC have all been served to the tenant? Is there sufficient proof that the correct version of the Government issued 'How to Rent' guide has been served to the tenant prior to the start of the tenancy?
If there is a license applicable to the property, has a copy been issued to the tenant?
Proof that the relevant documents have been served is essential if you ever need to give notice to take possession of the property from the tenant. Without the necessary proof, the court will dismiss the application.
Is there a legally binding Assured Shorthold Tenancy (AST) in place which details the fixed term of the tenancy, rent payments and all necessary obligations? Is there sufficient proof that the tenant has seen a draft copy of the agreement for them to read and understand prior to the tenancy starting?
Is the tenancy agreement signed and dated by ALL parties?
If there is a Guarantor in place, have ID, address and contact details been saved securely?
Is the guarantor agreement signed and dated by ALL parties? Has there been a thorough, detailed photographic inventory been prepared on the property and signed by the tenants to show that they agree with the condition and contents of the property on the day of move in?
Starting the Tenancy
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Has each tenant signed all documents in relation to the tenancy and have signed copies of all documents? Has the tenant received your bank details and do they know how and when the rent is payable? This information should also be defined in the tenancy agreement. Have the tenants been issued with the inventory and been made aware of their obligations to sign and return it within an agreed time period OR, alternatively, have you met the tenants at the property to mutually agree and sign the document. This is to ensure a smooth conclusion at the end of the tenancy. Has the property been attended on the day of move in, prior to handing the keys over, to check all smoke alarms are in working order and to ensure that the tenants are aware of their ongoing responsibilities regarding smoke and carbon monoxide detectors to comply with regulations?
Has the tenant signed a document to prove that they are aware of the above responsibilites?
Have the tenants been made aware that, under the terms of the tenancy agreement, you will visit the property periodically in line with the Housing Act regulations to check that the tenancy agreement is being adhered to? Please be aware that tenants require a minimum of 24 hours notice to enter the property so as to not breach their quiet enjoyment and to avoid breaching the Protection from Harassment Act 1997.
During the Tenancy
Regular Checks
Ensure that all legal certificates are renewed prior to expiry, not allowing any to run out.
Ensure that if a certificate is renewed during the tenancy, new certificates are issued to the tenant.
During the Tenancy
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continued
Inspections
Decide at what intervals periodic inspections will take place:
months
Have you checked time sensitive visas in line with the Immigration Act 2016? If occupiers who do not prove their right to reside in the UK then this must be reported to the Home Office to avoid a possible prison sentence and a large fine. Have you checked to see if there are any over 18's who were previously under 18's at the start of the tenancy or at your last property visit? If so, Right to Rent checks must be done.
Are photographic, detailed inspection reports on file?
Have you kept an audit trail of every maintenance issue reported by the tenant? You must have evidence of maintenance issues being received and responded to in writing.
If, during these inspections, you see any signs of illegal activity, you are obliged to report them to the relevant authorities or you may be charged under the Proceeds of Crime Act 2002. If you see any signs of unauthorised occupants, they must have their ID's verified. Failure to provide ID will require you to report the unauthorised occupants. Do you complete all maintenance issues in a timely manner and keep tenants informed throughout the process? You need to seek permission to enter the property in every instance. Keep all correspondence and interactions with detailed notes as you may need them as evidence at a later date.
Notice to Vacate - Section 21 Notice
Have you used the correct Form 6a?
Did you ensure that all relevant documents to allow notice were issued to the tenant in line with the Deregulation Act 2015. These are; the EPC, Gas Safety Certificate, EICR, How to Rent Guide and any relevant license. You must ensure that the notice is not a retaliatory eviction under section 33 of the Deregulation Act 2015? If your tenants fail to vacate within the statutory two months notice period, do not, under any circumstances, enter the property as you will be breaking several laws including the Protection from Eviction Act 1977. Seek immediate legal advice as you will need to seek possession through court. When you do get possession, you must still wait for the tenant to surrender the keys before you can legally enter the property.
Are You Ready?
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What’s the Score?
Currently, there are over 170 pieces of legislation that govern the Private Rental Sector, some more dominant than others. There are many instances where falling foul of the regulations can have serious repercussions.
It is always tempting to manage a property yourself to reduce costs and potentially increase the return on your property investment. However, there are plenty of reasons why using a professional letting agent can be vastly beneficial later on in the process. Few of us service our own car. It requires knowledge and tools that most people just don’t have. If you don’t trust yourself to service your own car why would you trust yourself with a much more valuable asset? At Cope & Co. we have two objectives. Firstly, to help maximise the return on your investment, and secondly, to keep you and your property safe and compliant. With compliance, a mistake may well cost much more that the fees an agent would charge. Fees should be looked at in terms of value and not cost. Failure to meet your legal obligations can result in large fines or even imprisonment and Ignorance of the law is no excuse. In the eyes of the law, it is assumed that you know and understand every piece of relevant legislation pertaining to the private rental sector. We are the buffer between you and your tenant. If you are not a professional landlord, dealing with tenants can be awkward, especially during a dispute. A good agent will represent you and protect your interests. So, what did you score? You can decide from your score whether you think that self- managing is simply too risky and something you need help with. Maybe you simply need to brush up on the legislation to be more knowledgeable and more confident?
If you would like to discuss how we can help you manage your property, whether you are a portfolio landlord or a buy-to-let novice, feel free to contact our team now .
Contact Us Today
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Contact Us
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Website
www.copeandco.co.uk
Phone
01332 300190
lettings@copeandco.co.uk
01332 300190
HQ address
Canterbury House, Stephensons Way, Wyvern Business Park, Derby DE21 6LY
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Annie Cope Operations Director
Simon Joyce Lettings Director
Kelsey Farnsworth Head of Lettings
Laura Clarke Head of Client Accounting
Chris Allison Head of Property Management
Relax. Let us take care of everything.
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