BUILDING YOUR KNOWLEDGE
Setting up and Managing a Tenancy
- Right to Rent. Under rules which came into effect across England on 1 February 2016, only persons who have a Right to Rent are entitled to rent property. The Right to Rent scheme requires landlords or agents to check ID of all prospective adult occupiers to ensure they are in the country legally. Further information is available here.
- How to rent: A checklist for renting in England booklet. With effect from 1st October 2015 if a landlord gives a new tenancy or a replacement tenancy, they need to comply with the New Prescribed Section 21 Form (details below) information requirements. As part of this landlords must provide tenants with a current copy of the How to rent: A checklist for renting in England booklet at the beginning of an original tenancy. Landlords are also required to provide a new copy at the beginning of any subsequent tenancy, including statutory periodic tenancies – only if there has been an update to the booklet. If a landlord fails to do this, then no valid Section 21 can be served.
- Tenancy agreement. This model tenancy agreement has been developed by the Government with the aim of producing an agreement which strikes a fair balance between the interests of landlords and tenants. A tenanct agreement is a contract between you and your tenants. It sets out the legal terms and conditions of the tenancy. The terms of the tenancy must be fair and comply with the law. Further guidance on unfair terms in tenancy agreements is available here.
- Claims for possession: New Section 21 notice. A new Assured Shorthold Tenancy (AST) Section 21 aims to simplify the possession claim process. This for is for use with new tenancies after 1st of October 2015 and all tenancies after 1st October 2018. Under the current regulations, landlords submitting claims for possession (s21) will need to provide evidence that they have provided their tenants with:
- A copy of an EPC for the property
- Gas Safety Certificates where appropriate
- Current version of the DCLG Booklet on “How to Rent” (see above details)
- A current Tenancy Agreement
- A correctly served s21 notice with proof of service
- Details of the deposit protection where applicable
- Proof of service of the prescribed information (s213) notice
- Details of the tenancy licensing arrangements where applicable.
You can access current prescribed forms for landlords and/or tenants to propose action relating to tenancy agreements here
- Checklist of landlord responsibilities.
- HMO regulations made simple A guide to the management of houses of multiple occupancy
- Training courses WHBC runs a range of courses to help landlords keep up-to-date with their responsibilities and landlord and tenant legislation. We offer discounts to PAL accredited landlords and free courses to those with gold membership.
- PAL accreditation scheme for landlords A leaflet that gives an overview for landlords of the PAL accreditation scheme
- PAL Gaining landlord accreditation Full details of the application process and checks to become a PAL accredited landlord
- PAL Landlords Code of Practice The declaration that all accredited landlords must sign on application, committing them to meeting the standards set out in the PAL Rental Property Standards
- Fit and Proper Person Declaration A declaration signed by all PAL landlords and agents as confirmation that none of the outlined terms as defined in the Housing Act 2004 prevents them from being accredited.
- PAL Landlords Declaration and Consent The declaration that all accredited landlords must sign on application, confirming that they have understood the requirements of the scheme and consent to PAL holding details provided with their application.
- PAL Maintaining Landlord Accreditation Details of what is required of you in order to maintain your landlord accreditation
- PAL Code of Practice for landlords
- PAL Rental Property Standards for houses in multiple occupation An outline of the legal and supplementary standards that all PAL accredited HMO properties need to meet.
- PAL Rental Property Standards for single occupancy properties An outline of the legal and supplementary standards that all PAL accredited single occupancy properties need to meet.
- PAL Is your agent accredited Document that explains the benefits of working with accredited agents
Further resources are available to accredited landlords including a tenant information pack, model tenancy agreement and fire risk assessment template. To access these, you will need to login to our members’ portal.