Renters’ Rights deadlines looming

It’s now just over a week until 31st May – the deadline for serving the Government's  information sheet to your tenants, informing them of changes coming in under the Renters’ Rights Act.

Those of you with written tenancy agreements signed before 1^st May this year have until a week on Sunday to serve the mandatory document.

If your tenancy was agreed verbally, the same deadline applies, but you must instead serve a  written statement setting out the key terms of your tenancy.

Failure to do so could land you with a £7,000 fine – rising to up to £40,000 if you subsequently fail to serve it within 28 days or are identified as a repeat offender.

It is vital, therefore, that if you have not already served the documents you do it now.

Where do I find the paperwork?

The four-page information sheet must be downloaded directly from the Government website here, and outlines new rules on: 

• Possessions and notice periods.
• The abolition of the fixed term.   
• Rent increases.   
• The right to keep a pet.  
• Student lets.  

The written statement needed for those with verbal agreements  is available from our website here.

Minister have been clear that you must send pdfs of the information sheet to your tenants. Sending a link to the webpage will not be sufficient, and could land you with a hefty fine, as outlined above.

Serving the documents

You can either:  

• Print a hard copy and post or hand it to your tenants in person, or 
• Send a PDF of the document as an attachment to an email or text message 

As well as serving the documents to your tenants, it is also important you are able to evidence you have done this should a dispute arise. As a result we have produced a document that your tenants can sign to prove they have received the information sheet, as well as guidance on how to do this.

You can find more about proving your tenants have recieved the documents, and what to do if they won’t confirm they have received the document, here.

Deadline for student possessions

In addition to serving the information sheet, 31^st May also marks the deadline for student landlords to issue their tenants with formal written notice if they intend to use ground 4a (the HMO student possession ground) to repossess their properties ahead of the new academic year.

Usually if you want to use this ground you will need to let your tenants know at the start of the tenancy. However, as the sector transitions to the new regime, student landlords have been given specifical permission to use a two-month notice period, for this year only.

This comes with the caveat that you must inform your tenants you intend to use ground 4a by 31^st May, or the notice will be invalid. You can download a template for the ground 4a written statement from our website here.Remember, even if you are intending to repossess, you must still provide  your tenants with the information sheet, which going to all existing tenants, whether students or not.

Wales discrimination deadline

While the Renters' Rights legislation primarily affects tenancies in England, elements of the Act also apply to those of you with properties in Wales,

New rules banning discrimination against tenants with children, or those in receipt of benefits, will come into force in Wales on 1st June and will prohibit you from:

• Detering these households from enquiring about a property.  
• Refusing or restricting their access to viewings or property information.  
• Excluding  them from entering into a tenancy. 

What do I need to do?

You will need to inform your tenants of this change either by issuing a new occupation contract or a statement of variation to your existing contract. We would recommend the statement of variation as the most straightforward option.

You will have up to 14 days after the June 1 deadline to serve the statement, which can be downloaded from the NRLA website here.

Is there anything else I need to know?

If you, or your superior landlord, have taken out insurance before 1st June that restricts you from accepting tenants in receipt of benefits or allowing children to live in or visit the property then the changes to your occupation contract will not apply until the existing insurance product ends. Once it does, you will need to serve a statement of variation within 14 days.

More information

• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.     
• The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.