Renters' Rights: Your essential compliance checklists

We are now three months into the new regime introduced by the Renters’ Rights Act and – as the new rules bed in – there is no better time to check you are up to speed with your responsibilities. 

From setting up new tenancies to staying on top of your safety certificates we have all the documents and guidance you need to survive and thrive in a post-Renters’ Rights Act world whether you are a seasoned landlord or just starting out.​​​​

Setting up new tenancies

As you will no doubt be aware the introduction of the Act abolished the AST, with Assured Periodic Tenancies becoming the default in England. 

Our downloadable compliance checklist for new tenancies is a simple way to make sure you are meeting all the requirements - offering an easy-to-understand tick list, to ensure you have provided all the necessary documents and notices to your tenants. 

They can then sign the form to prove they have received essential documents including the written statement of terms, gas safety and EICR certificates, as well as an inventory and proof you have protected the deposit – as well as other key paperwork that may be required. 

They can also sign to confirm you have acted in accordance with the new Act when it comes to rent payments – and that you have met health and safety rules when it comes to smoke alarms and carbon monoxide detectors and carried out right to rent checks. 

To access the document click here and scroll to the bottom of the page.

You can access the checklist along with all the other documents you need in our exclusive landlord started pack here.

Ending a tenancy

As well as moving from ASTs to APTs, the Renters’ Rights Act has fundamentally changed the possession process, abolishing section 21, the so-called ‘no fault’ eviction and introducing 37 revised grounds for possession under section 8. 

In short this means that to take back possession you will need a valid reason to do so – and the evidence to back it up.  

It is worth getting to grips with these new grounds before you have to use them. They cover everything from selling the property to rent arrears, but be aware, you will need to prove your case, so will need evidence to back your claim. 

It is also worth noting that these grounds are split between mandatory and discretionary, meaning that while, in the first instance, a court will have to grant possession if you meet the criteria, if using a discretionary ground a judge could still dismiss the claim – or suspend the order – even where you have proved the facts. 

You can find out more about the changes in our deep dive here, and to access our full guide, including details of all the available grounds, and templates for the letters and documents you will need, click here.

Safety first

As was the case prior to the Act you must have a valid Gas Safety Certificate, EICR and EPC as well as smoke alarms on every floor of your rental property, and a CO alarm in any room with a fuel-burning appliance.  

In addition to this the Act has also seen the introduction of changes to the Housing, Health and Safety Rating System (HHSRS).  

While the changes to the HHSRS have not introduced any new standards per se, the new rules do change the way the system works, and the maximum amount you may have to pay for failure to comply, which is now an eyewatering £40,000.  

On-the-spot £7,000 fines for the discovery of Category One hazards have also been introduced – making it more important than ever that you are not only compliant with your health and safety obligations, but that you can prove it, something you can read more about here. 

To help ensure you are compliant we have developed a free landlord checklist, which you can access by visiting our HSSRS guidance here and scrolling down to the bottom of the page. 

More information

In addition to our guides and downloadable templates we also offer a range of training options to help ensure you are meeting your new obligations, with a full list of our compliance courses – including our comprehensive Renters’ Rights Act training – available here. 

Our property standards and safety course has also been updated to include the new HHSRS rules. To find out more and to book your place click here.  

For more information on everything Renters’ Rights please visit our comprehensive member hub here. 

If you are a landlord just getting started in the industry why not visit our first-time landlord knowledge hub here. 

For more information on setting up and running a tenancy you can visit our tenancy management hub here.