The government has published details of what landlords must put into new tenancy agreements under the Renters’ Rights Act – firing the starting gun on the final push towards implementation on 1^st May.

Landlords and agents have been told they are being given time to prepare and although its new guidance document has been published as a draft and “may change”, it is thought this would be unlikely.

The statement can be in a written agreement or given separately to a tenant, and must include:

The landlord(s)’ names

The tenant(s)’ names

The property address

The date the tenant can first occupy the property

The rent amount

The date rent is due

Any bills that are included in the rent

Any bills payable to the landlord that are in addition to the rent (ie. for utilities)

The deposit amount if one is being taken.

While most tenancy agreements include these as standard, property lawyer David Smith points to other requirements that are not always found in agreements. Namely:

The notice period a tenant must give to terminate the tenancy (presumably two months for most landlords)

That the landlord can normally only end the tenancy by obtaining and executing a possession order

That the landlord must usually serve a notice seeking possession before commencing proceedings

That the notice period on a notice for possession will vary depending on the grounds being cited

That s11, Landlord and Tenant Act will apply and the repairing obligations that it covers (this is not required in the rare cases that it is not applicable)

That s9A, Landlord and Tenant Act will apply and that the property must be fit for human habitation (also not required in the rare cases that it is not applicable)

A summary of the obligations imposed on landlords by the electrical and gas safety regulations

A summary of the landlord’s obligations to allow tenants to make reasonable adaptations for disability under the Equality Act

A summary of the new pet provisions

If the tenancy is granted as supported accommodation, then that needs to be explained as well.

The draft regulations also say expressly that existing tenancies with written agreements will not need to do any of this and instead they will need to provide a leaflet to be published by government alongside the final version of the Statutory Instrument (secondary legislation). Smith, at Spector, Constant and Williams, explains: “This also suggests that the final version will not be published until March which was when the leaflet was promised for.”

Eddie Hooker, CEO at mydeposits, says this announcement turns reform from theory into day-to-day paperwork reality. “From a deposit perspective, greater clarity at the outset of a tenancy is particularly important. Many of the disputes we handle relate to disagreements over responsibilities for cleaning, damage, maintenance or charges at the end of a tenancy. Clear, prescribed written information about obligations and liabilities should help reduce scope for dispute by ensuring both parties start the tenancy with the same understanding of what is expected.”

Obligations

He suggests that landlords should start reviewing their documentation and understanding their new obligations now, rather than waiting until the new requirements come into force.

Sean Hooker, head of redress at Property Redress, says many landlords will be relying on their agents to protect their interests. “Where an agent is instructed to undertake this on a landlord’s behalf, they must ensure they have clear written authority to do so, fully understand the process, and comply with the required timescales.”

Protect

Hooker adds that agents should also take steps to protect themselves and fully understand what they are taking on, including the liabilities and risks that come with accepting responsibility for serving the written statement.

“For many, this will mean seeking legal advice and, in some cases, considering the use of specialist professional services to ensure the requirements are met, the correct evidence is retained, and landlords are protected from the risk of significant financial penalties, including fines of up to £7,000.”

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