Latest News Announcement

Date: 20 June 2023 | Time: 1.00pm | Posted By: The Total Letting Service |

RENTERS REFORM ACT 

This is currently going through Parliament and is likely to gain Royal Assent April 2024.

Main points of the proposal are:

Changes to Tenancy Terms:

• Fixed Term Tenancy agreements will cease to exist , it will become a periodic agreement from day one (month to month)
• Notice Period to end Tenancy updated , Tenants will now have to give 2 months notice , once the Act comes into Force.

Landlord Database/Portal:

• Government wants all Landlords to register themselves and their property on a central data base – exact details not confirmed at the moment , we are awaiting further clarification.

Notices:

• Section 21 (No Fault Possession Notice) will be abolished and replaced with Section 8 Notice
• Section 8 Notice will have specific grounds for the possession , currently being updated but to include mandatory ground if Landlord wishes to Sale.

At the moment the above is all in the consultation stage but it would appear very likely nothing will change a great deal from the above outlined

Please call the office , if you require further details

The Total Letting Service

Latest News Announcement

Date: 29 April 2022 | Time: 1.00pm | Posted By: The Total Letting Service |

HOMES FOR UKRAINE – GUIDANCE FOR PROVIDING ACCOMODATION FOR UKRAINIAN REFUGEES 

The UK Government announced the Homes for Ukraine Scheme on the 14th March 2022 ; allowing people to register their interest in helping to house refugees from the Ukraine.

From the Residential rental market this has resulted in Tenants asking if they can also help by offering a room to a refugee from Ukraine, initially it was not clear if this would be possible however I have now received confirmation from the Government subject to the following , this is possible.

Please see below the bullet points if considering helping : –

The guidelines specify clearly the accommodation must be available for 6 months.

TERM

Minimum term 6 months maximum period 12 months

• Tenants who are in a fixed term with at least 6 months fixed term left on the agreement would be able to satisfy this criteria
• Tenants in tenancy agreements which are now periodic (month by month) would not be able to meet this criteria without requesting a new fixed term agreement , for which the cost will be £50.00 (maximum fee under The Tenant Act 2019)

Landlord permission will be required  – the Landlord will need to seek mortgage lender permission before the refuge can be offered the accommodation.

Ending the Arrangement – if the host wishes the Refugee to vacate the premises / room then it is recommended a minimum of 2 months’ notice should be given.

PAYMENT

The Payment of £350 per month is discretionary and NOT rent , the refugee has no tenancy rights.

BEWARE

If the payment is used to help top up rent or the refugee offers to assist by doing gardening / maintenance around the property, then this could change the status of the refugee to potential Tenant and give rights of tenancy , which in turn could cause further problems e.g. Right to Rent checks required.

RIGHT TO RENT CHECKS

Refugees are not required to complete the right to rent , as their status of Refugee does not give them any tenancy rights ( see above regarding payment).

HOMES FIT FOR HABITATION

The Local authority will need to check the proposed accommodation before the refugee can be housed.

The guidelines are constantly changing as the situation in the Ukraine is being monitored, please contact the office if you are considering offering a room in your property to a Ukrainian refugee.

The Total Letting Service

Latest News Announcement

Date: 17 May 2021 | Time: 1.00pm | Posted By: The Total Letting Service |

REMINDER OF NEW NOTICE PERIODS

The current ban on bailiff-enforced evictions will end on Monday 31 May 2021 and on the following day 1 June, notice periods in England that are currently 6 months, will reduce to at least 4 months.

• Notice periods for the most serious cases will remain lower:
• anti-social behaviour (immediate to 4 weeks’ notice)
• domestic abuse in the social sector (2 to 4 weeks’ notice)
• false statement (2 to 4 weeks’ notice)
• over 4 months’ accumulated rent arrears (4 weeks’ notice)
• breach of immigration rules ‘Right to Rent’ (2 weeks’ notice)
• death of a tenant (2 months’ notice)

Looking beyond this date, on 1 August notice periods for cases where there is less than four months’ of unpaid rent, will change to 2 months’ notice.

Landlord and tenant guidance has been updated to reflect these changes.

Measures are being adopted as part of a phased approach and longer notice periods will remain in place until at least October 2021.

As from Oct 2021 the notice period for possession was reduced to 2 months as per pre coronavirus.

The Total Letting Service

Latest News Announcement

Date: 18 May 2020 | Time: 12.30pm | Posted By: The Total Letting Service |

OUR OFFICE’S ARE NOW OPEN

The Total Letting Service offices are now open following their closure on the 27th March due to the Coronavirus lockdown measures.

The Total Letting Service

Latest News Announcement

Date: 27 March 2020 | Time: 03.00pm | Posted By: The Total Letting Service |

OFFICE CLOSURE DUE TO CORONAVIRUS

The Total Letting Service offices are now closed due to the Coronavirus and present situation within the Country and will not be monitoring the telephone, if your enquiry is urgent please email info@thetotallettingservice.co.uk and we will respond as soon as possible.

If you are a keyworker requiring temporary accommodation due to the Coronavirus restrictions, please email as we are willing to help and have a number of landlords who will be able to provide short term accommodation if necessary.

The Total Letting Service

Latest News Announcement

Date: 17 August 2019 | Time: 07.04am | Posted By: The Total Letting Service |

TENANT FEE BAN ACT 2019 ( came into effect 1st June 2019)

The Tenant Fees Act bans most letting fees and caps tenancy deposits paid by tenants in the private rented sector in England.

The ban on tenant fees applies to new or renewed tenancy agreements signed on or after 1 June 2019.

The aim of the Act is to reduce the costs that tenants can face at the outset, and throughout, a tenancy. Tenants will be able to see, at a glance, what a property will cost them in the advertised rent with no hidden costs.

The party that contracts the service – the landlord – will be responsible for paying for that service

From 1 June 2019, the only payments that landlords or letting agents can charge to tenants in relation to new contracts are:

• rent
• a refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000, or 6 weeks’ rent where the total annual rent is £50,000 or above
• a refundable holding deposit (to reserve a property) capped at no more than 1 week’s rent
• payments associated with early termination of the tenancy, when requested by the tenant
• payments capped at £50 (or reasonably incurred costs, if higher) for the variation, assignment or novation of a tenancy
• payments in respect of utilities, communication services, TV licence and Council Tax
• a default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement

Please do not hesitate to contact the office for further information.

The Total Letting Service

Latest News Announcement

Date: 28 March 2016 | Time: 10.25pm | Posted By: The Total Letting Service |

Right to Rent

Under Section 22 of the Immigration Act 2014  from February 2016 , it has now become necessary to check any potential tenant has the “right to Rent” before an application can be accepted. 

A landlord must not authorise an adult to occupy property as their only or main home under a residential tenancy agreement unless the adult is a British citizen, or European Economic Area (EEA) or Swiss national, or has a Right to Rent.

ID checks must be done in the presence of the potential Tenant and ID verified and copies retained.

If the person does not fall into the above category then:

• It must be checked they have the right to live in the UK.
• Any visa issued for the person to live in the UK must be copied and retained.
• The Visa may have a time limit , if this is the case then it is the responsibility of the Landlord to ensure the Visa is checked at least 3 months prior to expiry and if the Visa has expired it is the responsibility of the Landlord to notify the Home Office.

Failure to carry out the checks include the following penalties:

• Not being able to issue Section 21 notices for possession.
• Large financial penalty for non compliance.

Please do not hesitate to contact the office for further information.

The Total Letting Service

Latest News Announcement

Date: 28 March 2016 | Time: 10.25pm | Posted By: The Total Letting Service |

SECTION 21 CHANGES

The section 21 notice is the landlord’s best friend, allowing the landlord to seek possession of the rented property for no reason, other than the agreed period of renting has finished. The Deregulation Act 2015 has substantially changed the rules around these notice for:

The first change is to remove the requirement for the periodic version of the notice (the notice under section 21(4)) to end at the end of a period.

It still has to be in writing, it still has to be at least two months long and no shorter than a notice to quit. The last point can be ignored from monthly or weekly rentals.

The second change is that the section 21 notice cannot be served within the first four months of the commencement of the original tenancy.

If a renewal tenancy is signed up, then this does not reset the 4 month prohibition.

The third change is the introduction of a prescribed form for section 21.

These must be used for new tenancies created after 1 October 2015 but may be used for any assured shorthold tenancies. There is a single version of the notice for use on both fixed term and periodic agreements.

The fourth change is called prescribed requirements.

The regulations specifying these only currently require a gas safety record and an EPC, where these are required by law.

The fifth change is called prescribed information.

This should not be confused with the deposit prescribed information. In this case the prescribed information is the “How to Rent” guide. This has to be given at the outset and again at any form of renewal, if the version of the “how to Rent” guide. This has to be given at the outset and again at any form of renewal, if the version of the “how to Rent” guide has changed since it was originally given.

These new rules around section 21 are bound to catch out the unwary with claims for possession being thrown out for lack of compliance with the new requirements. This means evidence of compliance will be essential to be certain of possession.

Whilst the information researched and provided is believed to be correct, neither the sender nor anyone involved in the production of it, accepts responsibility for its accuracy.

The Total Letting Service

News Announcement

Date: 12 October 2015 | Time: 9.34pm | Posted By: The Total Letting Service |

LEGIONELLA  REGULATIONS FOR RESIDENTIAL RENTAL PROPERTY

1. General Information

All landlords and letting agents in control of private rented properties are now required BY LAW to protect their tenants against the risk of contracting legionnaire’s disease.

Recent changes in the regulations surrounding Health & Safety legislation have brought domestic properties under the same legislative umbrella as commercial properties and new owners and managers of all private rented properties are required to comply with the law.

Under the legislation landlords and their agents must undertake a Legionnaire’s Risk Assessment at the property and implement control and preventative measures. The Assessment must be undertaken by a ‘competent person’ with the necessary specialist knowledge, and the findings of the Assessment recorded and retained for a period of at least 5 years and reviewed regularly.

Failure to comply with the Law could lead to a £20,000 fine or up to 2yrs imprisonment.

2. What the Government states

HSE Statement: http://www.hse.gov.uk/legionnaires/what-you-must-do.htm

If you are an employer, or someone in control of premises, including landlords, you must understand the health risks associated with legionella.

Duties under the Health and Safety at Work etc Act 1974 (HSWA) extend to risks from legionella bacteria, which may arise from work activities. The Management of Health and Safety at Work Regulations (MHSWR) provide a broad framework for controlling health and safety at work. More specifically, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provide a framework of actions designed to assess, prevent or control the risk from bacteria like Legionella and take suitable precautions. The Approved Code of Practice: Legionnaires’ disease: The control of Legionella bacteria in water systems (L8) [1] contains practical guidance on how to manage and control the risks in your system.

As an employer, or a person in control of the premises, including landlords you are responsible for health and safety and need to take the right precautions to reduce the risks of exposure to legionella. You must understand how to:

• identify and assess sources of risk
• manage any risks
• prevent or control any risks
• keep and maintain the correct records
• carry out any other duties you may have

3. How to comply with the law :

It is your responsibility to conduct a suitable and sufficient risk assessment. You may be competent to carry out the assessment yourself but, if not, you should call on help and advice from either within your own organisation or from outside sources, e.g. consultancies.

4. Specific sources of Legislation relating to Landlords/Letting Agents responsibilities

1. Health and Safety at Work etc Act 1974 – Section 4 – People in control of premises made available to people other than their employees.
2. Management of Health and Safety at Work Regulations 1999 – Regulation 3 – All Duty Holders MUST carry out a suitable and sufficient risk assessment.
3. Approved Code of Practice: The control of legionella bacteria in water systems – Duty Holders MUST assess, prevent or control the risks from legionella.

5. Advice from UKALA & NLA:

Our advice is simple. Landlords must carry out a simple, straightforward assessment and where this shows the risks are low, no further action is required. Where a risk is found, the type of action necessary will follow on from the nature of the risk but will normally only require simple control measures.

For agents, it’s important to remember that there’s been no change in law but it is sensible to remind your landlord clients of their legal obligations and signpost to advice and or services. If you do offer a risk assessment service but your landlord client declines this, then it may also be wise to get written confirmation that they intend to deal with the issue themselves.

For landlords and agents that choose to assess the risk themselves, a visual inspection of the water system’s installations and fittings should be carried out. You can visit the HSE for advice on how to conduct a simple risk assessment or obtain help and advice from a consultant or other competent person if you consider it necessary.

The Total Letting Service