Landlord regulations 2021

We have a permanent page on our website that simply says 'The rules and legislations for letting a property change frequently, and keeping everything up to date can be a real headache - so how do you make sure you don't unwittingly become a 'rogue landlord'?

Of course, we go on to offer the answers, you can find a link to our Landlord's regulations page below. But before you visit this important page, here's a list of items our Lettings and property management teams will be looking to confirm and assist our landlords with over the coming months.

31st March – Extended notice periods for Section 8 and Section 21 terminates 
The current six months’ notice period for Section 21 and Section 8 (for most grounds) will no longer apply.  However, be mindful, that this date might be pushed back.

1st April – Electrical Installation Condition Reports – Applicable for ALL tenancies in existence 
The penalty for non-compliance can be up to £30k per property which is levied upon the landlord to include where remedial works are not undertaken. it is really important to have evidence if unable to undertake an EICR for any reason i.e. Covid 19 issues. 

1st April – Stamp Duty increase for non-UK residents 
This will increase by 2% in addition to current stamp duty requirements for non-resident owners. 

1st April – Deadline for letting agents to have Client Money Protection in place 
This was extended by one year as issues with the client's only bank account came to the fore. 

4th May – Debt Respite Scheme (breathing space) 
Tenants and guarantors will be able to apply for a standard breathing space or mental health breathing space for incurred debts for a period of time if a debt advisor believes that they are eligible.  This does not remove the right for the tenant to pay ongoing contractual rent. 

1st June - Section 21 Notice

• From 1st June until 30th September 2021, the notice period required to serve a valid Section 21 notice will be a minimum of 4 months.

• The shelf life of Section 21 will be a maximum of 4 months from the date of expiry of the notice i.e. you must start court proceedings within that time period otherwise the Section 21 will expire.

• Section 21 notices served before 1st June will not be affected by the changes.  So, if you are looking to serve a section 21 now, then it makes sense to hold off.    

1st June - Section 8 Notice 
From the 1st June until 30th September 2021, if the tenant is in at least four months arrears, then the notice period required will be 28 days (plus a few days for delivery)

1st June - Bailiff Evictions 
This will revert to normal on 1st June 2021 (consider the backlog of cases) 

1st July – EU/EEA Nationals and Right to Rent  
The automatic right to reside in the UK for new EU/EEA applicants will no longer apply.  All new applicants except those from Ireland will need to prove a right to rent (pre-settled or settled status evidence). This will not be retrospective so current tenants will not need to provide evidence. 

1st October - Section 21
Section 21 should revert back to 2 months as the minimum length.

1st October - Section 8
Required notice periods will revert back to pre-covid times. 

In the Pipeline

Carbon monoxide alarm requirement 
Where there is a gas appliance (not a cooker) a carbon monoxide alarm will be needed in the room – Introduction maybe later this year.

Renter Reform Bill 
The abolishment of section 21 notices.

Minimum energy performance 
The drive towards energy efficiency has intensified with some suggestions that the minimum rating for lettings will be *C* by 2025.  A potential 50% of properties fall into the D and E bracket, so that could be a hard and expensive target to reach for many landlords.

Click here for our full and concise Landlord's guide to regulations.

Thu 04 Mar 2021