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.

Listed Building Consent Order for the Canal & River Trust

The Government and Historic England are consulting on a Listed Building Consent Order (LBCO) to allow the Canal & River Trust to carry out defined routine work to listed structures without having to obtain listed building consent each time, under various conditions.  The CLA response supports this.  It also stresses the need to have further LBCOs allowing carefully-defined routine works to listed buildings in any ownership, following proposals made by a Historic Environment Forum working group in which the CLA is involved.

Ecclesiastical exemption and guidance on scheduled monuments (Wales) - Heritage

This was a consultation on draft new Cadw/Welsh Government guidance Managing scheduled monuments in Wales.  The draft already reflected comments made by the CLA on an earlier draft, but this response makes a few further comments to improve the text and to clarify that there can, in some cases, be good reasons to make changes to scheduled monuments. 

 

Principles of selection for listed buildings (England) - Heritage

This was a DCMS consultation of selected stakeholders (not a public consultation) on draft new advice on the principles used by DCMS and Historic England in the listed buildings.  This makes very few changes to the actual principles, and it generally improves on the previous advice.  This CLA response focuses on underlying issues, especially the need for a more effective appeal process when buildings are listed, and the need for a clearer explanation of what are (and are not) attached and curtilage structures.

Insuring historic buildings and other heritage assets (England, but also relevant to Wales)

This was a Historic England consultation on draft advice on the insurance of historic buildings, aimed at owners, professionals, and others.  The CLA response welcomes the intention to publish advice (there was a consultation on this in 2008, but no advice was then published), but suggests some changes to make it clearer and more helpful.

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