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Legal Update 2015

Legal Update 2015. Presented by Darrel Kwong. Topics. Smoke and Carbon Monoxide Alarms De Regulation Act 2015 Tenancy Deposits Section 21 Notices Retaliatory Evictions Energy Efficiency Minimum Ratings. Smoke and CO Alarms. Effective 1 st October 2015

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Legal Update 2015

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  1. Legal Update 2015 Presented by Darrel Kwong

  2. Topics • Smoke and Carbon Monoxide Alarms • De Regulation Act 2015 • Tenancy Deposits • Section 21 Notices • Retaliatory Evictions • Energy Efficiency Minimum Ratings

  3. Smoke and CO Alarms • Effective 1st October 2015 • All rented property MUST have: • Smoke alarm on each habitable floor • Carbon Monoxide Alarm where a solid fuel appliance • All new tenancies must have alarms tested as working on commencement date

  4. Penalty • Reactive rather than proactive • Remedial notice 28 days • Fine of up to £5000 • What happens if death and no alarms?

  5. Tenancy Deposits • 27th March 2015 • “Superstrike” deposits “compliant "by 23rd June 2015 • Pre 2007 deposits must comply to serve a section 21 notice • Initially compliant no requirement to re comply • Prescribed information landlord or agent details

  6. Section 21 • 1st October 2015 • Applies to new tenancies not SPT • All tenancies 1st October 2018 • Prescribed section 21 notice • Cannot be served in first four months of initial tenancy • Periodic notice, no requirement to end last day of a period – only 2 months long

  7. Section 21 • Cannot be enforced after six months from service date

  8. Prescribed Information • Energy Performance Certificate • Government “How to Rent Guide” • Valid Gas Safety Record

  9. Retaliatory Evictions • 1st October 2015 • Tenant complaint must be in writing • Landlord must provide adequate response within 14 days • If tenant complains and council issue a HHSRS notice • Cannot serve a section notice 21 within 6 months of HHSRS notice

  10. Miscellaneous • Court interpretation • Importance of detailed repair process • Evidence in writing • Some exemptions • Sale • Tenant like manner • Property being repossessed

  11. Energy Efficiency • 1st April 2018 • All new tenancies including renewals/periodic • Minimum rating E • 1st April 2020 • All tenancies • Minimum rating E • Some exemptions

  12. QUESTION TIME

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