A New Deal for Renting

The CLA has responded to the Government consultation: "A New Deal for Renting - Resetting the balance of rights and responsibilities between landlords and tenants" which proposes the abolition of section 21 of the Housing Act 1988 and Assured Shorthold Tenancies.

We have argued strongly against these proposals, given multiple reasons why they would not work in practice and highlighted the serious unforeseen consequences of pursuing such a policy.

In order to be constructive, if reforms are to be made, we have suggested alternative approaches that we believe would work in practice and be fairer to landlords and tenants.

We have emphasised the vital importance of flexibility when it comes to providing accommodation for emmployees and argued in the strongest terms that the efficiency of the rural economy and the very sustainability of rural communities will be adversely affected by these proposals.

We are very grateful to the many members who shared their thoughts and views with us and to those who have responded individually to this consultation.  Whilst the consultation deadline has now passed, the fight carries on and we would still encourage members to lobby their MPs on this issue so that the voice of rural landlords continues to be heard.

Agricultural Tenancies

The CLA responded to the consultations undertaken by DEFRA and the Welsh Government on agricultural tenancy legislation reform.  Both Governments produced very similar consultations suggesting changes which could remove barriers to productivity improvements and facilitate structural change in the tenant farming sector.  Some suggestions were welcomed but others opposed.  In particular, the CLA made it clear that no steps should be taken to prolong the lifetime of the Agricultural Holdings Act 1986.

GN22-19 Key Points to remember when granting an Assured Shorthold Tenancy (AST) (England only)

There have been many legislative developments over recent years that impact residential landlords. The CLA takes steps to keep members updated as legislation is implemented and bespoke advice is available from the CLA Legal Department but this Guidance Note aims to summarise the key issues that should be considered and steps that must be taken when an AST is granted.

 

Conservation Covenants

Following the consultation on conservation covenants by the Law Commission in 2013, the Government is now looking to take forward the recommendations set out in their report, with some amendments. This will put conservation covenants into statute as an additional legal tool to aid conservation. A conservation covenant is a voluntary, private agreement between a landowner and another body, which commits the land to be managed for the benefit of conservation.

The CLA has responded, welcoming the introduction of this new conservation tool, but setting out some areas that may need to be refined for conservation covenants to be attractive to landowners.

GN10-19 Tenant Fees Act 2019 - England Only

The Tenant Fees Act will come into force on 1st June 2019.  Royal Assent was granted on 12th February 2019.  It will apply to England only at the outset and there will be a separate Act for Wales dealing with this issue.

The Act controls what payments a landlord or letting agent may require in connection with a residential tenancy in England and restricts what third party contracts may be required of a tenant or guarantor.

All payments are prohibited save for those specifically permitted under the Act.  Rent and deposits are permitted but with some restrictions.

GN09-19 Energy Peformance Certificates (EPCS) and Minimum Energy Efficiency Standards (MEES) in Domestic Lettings (For England and Wales)

This guidance note is to update members on recent developments on energy efficiency in the private rented domestic sector for England and Wales.  The Government is planning for the next stage of improvements (to band C by 2030) and the tightening up of the enforcement process.

GN07-19 Residential Tenancies Homes (Fitness for Human Habitation) Act 2018 England Only

As of 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 (“the Act”) will come into force for residential tenancies in England. This legislation amends the Landlord and Tenant Act 1985 so that landlords must ensure their property is fit for human habitation at the start of the tenancy and then maintain this standard throughout the tenancy. If they fail to do this, tenants will have the right to take legal action. The Government is heralding this new law as “a landmark moment for the rented sector”. The purpose of this guide is to explain what this means for private landlords.

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