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Too much red tape

19 Jul 2018
Too much red tape

This week in our industry press ‘Letting Agent Today’ journalist Graham Norwood drew attention to the fact that there are currently 125 pieces of legislation that a letting agent or landlord needs to adhere to. 125. Just wanted you all to be clear on that!

Now our staff have to study hard and constantly keep abreast of the legislation as it changes, and if you look at the list below of the 125 pieces of lettings legislation you will see that 125 is soon to become 127, that’s how often the Government piles more legislation into the industry.  Almost as many times as the Housing Minister changes… (that’s another story).

So why would any landlord consider renting a property out and NOT using the services of a letting agent?  I think I can safely say that it is because they have no idea of the legislation they need to understand and adhere to, or they simply don’t care.  Of course, when a tenant views a property they are swayed by the place itself, the location, amenities and price, not very often do they ask ‘is it managed by the agent’ or, if not, ‘does the landlord know what he is doing?’  So many times we hear from tenants who have gone into a ‘tenant find only’ property and are certain that laws are being broken and, thankfully, not quite so often, but still often enough, we hear from landlords who say ‘I wish I had asked for the property to be managed’ because they have come unstuck on legislation and been fined (or worse) or they have skipped a process which has led to a tenant acting illegally in their property.

If you are a landlord, ask yourself if it really is worth taking the time to study – Manchester Online Learning have exams in Residential Letting & Property Management – 4 stage exams which is the basic standard for a lettings negotiator (and you need to carry out your continued professional development annually thereafter – due to all of the changes) or is it worth taking the risk of being negligent and getting fined – just type ‘landlord fined’ into Google to see how many come up.. OR give your property on a fully managed basis to your trusted local agency Northfields Estate Agents and let our qualified, competent and TRAINED staff, make sure that you remain on the right side of the law!

So here is THAT list!

Acts of Parliament or statutory regulations which impact partly or wholly on the private rented sector:

(Tenants Fees Bill 2017-2019 still going through Parliament, not yet law)

(Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2018, still going through Parliament, not yet law)

  1. Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018
  2. Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018
  3. Housing and Planning Act 2016
  4. Tenancy Notices and Prescribed Requirements Regulations 2015
  5. Selective Licensing of Houses (Additional Conditions) (England) Order 2015
  6. Smoke and Carbon Monoxide Alarm Regulations 2015
  7. Deregulation Act 2015
  8. Consumer Rights Act 2015
  9. Immigration Act 2014
  10. Housing (Wales) Act 2014
  11. The Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014
  12. The Redress Schemes for Lettings Agency Work and Property Management Work (Approval and Designation of Schemes) (England) Order 2013
  13. Enterprise and Regulatory Reform Act 2013
  14. Growth and Infrastructure Act 2013
  15. Construction (Design and Management) Regulation 2012
  16. Control of Asbestos Regulations 2012
  17. Energy Performance of Building Regulations 2007 to 2012
  18. Social Security (Notification of Change of Circumstances) Regulations 2011
  19. Energy Act 2011
  20. Equalities Act 2011
  21. Misleading Marketing Regulations 2008
  22. Consumer Protection from Unfair Trading Regulations 2008
  23. The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
  24. Housing (Tenancy Deposits) (Prescribed Information) Order 2007
  25. Corporate Manslaughter and Corporate Homicide Act 2007
  26. The Administration Charges (Summary of Rights Obligations) (England) Regulations 2007
  27. Service Charges (Summary of Rights and Obligations and Transitional Provisions) (England) Regulations 2007
  28. Town and Country Planning (Control of Advertisements) (England) Regulations 2007
  29. Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007
  30. Health Act 2006
  31. Management of Houses in Multiple Occupation (England) Regulations 2006
  32. Selective Licensing of Houses (Specific Exemptions) (England) Order 2006
  33. Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
  34. Licensing and Management of Houses in Multiple Occupation and other houses (Miscellaneous Provisions) (England) Regulations 2006
  35. Housing Health and Safety Rating System Regulations 2005
  36. Regulatory Reform (Fire Safety) Order 2005
  37. General Product Safety Regulations 2005
  38. Consumer Protection (Distance Selling) Regulations 2005
  39. Fire and Rescue Services Act 2004
  40. Housing Act 2004
  41. The Electrical Safety Quality and Continuity Regulations 2002
  42. Commonhold and Leasehold Reform Act 2002
  43. Enterprise Act 2002
  44. Private Water Supply Regulations 2001
  45. Housing Benefit Regulations 2001
  46. Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
  47. Child Support, Pensions and Social Security Act 2000
  48. Utilities Act 2000
  49. Building Regulations 2000
  50. Rent Act (Maximum Fair Rent) Order 1999
  51. Greater London Authority Act 1999
  52. The Management of Health and Safety at Work Regulations 1999
  53. Water Supply (Water Fittings) Regulations 1999
  54. Unfair Contract Terms in Consumer Contracts Regulations 1999
  55. Data Protection Act 1998
  56. Gas Safety Regulations 1998
  57. Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997
  58. Party Wall Etc Act 1996
  59. Local Government (Miscellaneous Provisions) Act 1996
  60. Housing Act 1996
  61. Town and Country Planning (General Permitted Development) Order 1995
  62. Gas Appliance (Safety) Regulations 1995
  63. Landlord and Tenant (Covenants) Act 1995
  64. Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995
  65. Plugs and sockets etc (Safety) Regulations 1994
  66. Electrical Equipment (Safety) Regulations 1994
  67. Law of Property (Miscellaneous Provisions) Act 1994
  68. Leasehold Reform etc Act 1993
  69. Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
  70. Clean Air Act 1993
  71. Council Tax (Administration and Enforcement) Regulations 1992
  72. Local Government Finance Act 1992
  73. Council Tax (Chargeable Dwellings) Order 1992
  74. Council Tax (Exempt Dwellings) Order 1992
  75. Council Tax (Liability of Owners) Regulations 1992
  76. Social Security Administration Act 1992
  77. Water Industry Act 1991
  78. Environmental Protection Act 1990
  79. Town and Country Planning Act 1990 (as amended)
  80. Planning (Listed Buildings and Conservation Areas) Act 1990
  81. Electricity Act 1989
  82. Law of Property (Miscellaneous Provisions) Act 1989
  83. Electricity at Work Regulation 1989
  84. Gas Safety (Installation and Use) Regulations 1988
  85. Furniture and furnishings (Fire) (Safety) Regulations 1988
  86. Landlord and Tenant Act 1988
  87. Housing Act 1988
  88. Town and Country Planning (Use Classes) Order 1987
  89. Landlord and Tenant Act 1987
  90. Gas Act 1986
  91. Insolvency Act 1996 and Insolvency Rules 1986
  92. Business Names Act 1985
  93. Housing Act 1985
  94. Landlord and Tenant Act 1985
  95. County Courts Act 1984
  96. Building Act 1984
  97. Supply of Goods and Services Act 1982
  98. Rent Books (Form of Notices) Regulations 1982
  99. Housing Act 1980
  100. Limitation Act 1980
  101. Housing Act 1980
  102. Notices to Quit (Prescribed Information) Regulations 1980
  103. The Regulated Tenancies (Procedure) Regulations 1980
  104. Rent Regulation (Cancellation of Registration of Rent) Regulations 1980
  105. Torts (Interference with Goods) Act 1977
  106. Rent Act 1977
  107. Protection from Eviction Act 1977
  108. Unfair Contract Terms Act 1977
  109. Criminal Law Act 1977
  110. Control of Pollution Act 1974
  111. Health and Safety at Work etc Act 1974
  112. Defective Premises Act 1972
  113. Misuse of Drugs Act 1971
  114. Cost of Leases Act 1958
  115. Sexual Offences Act 1956
  116. Rights of Entry (Gas and Electricity Boards) Act 1954
  117. Prevention of Damage by Pests Act 1949
  118. Leasehold Property (Repairs) Act 1938
  119. Public Health Act 1936
  120. Landlord and Tenant Act 1927
  121. Law of Property Act 1925
  122. Law of Distress (Amendment) Act 1908
  123. Common Law Procedure Act 1852
  124. Distress for Rent Act 1737
  125. Landlord & Tenant Act 1730

GOOD LUCK to anyone attempting this themselves!

The Lettings Team!

PS.  During the process of writing this blog a further law was found to be missed off, this is a good one that often gets people in trouble too ‘The taxation of income from land (non-residents) regulations 1995.  So if you are a tenant, did you know that if your landlord goes abroad for any 6 months in a rolling 12 month period, and he/she (all of the property owners) do not have approval to be paid their rent in full, it is YOUR responsibility to retain the tax on their behalf (download the scheme details here).

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