With January already behind us and February well underway, the Renters’ Rights Act is edging ever closer to full implementation. the Renters’ Rights Act is edging ever closer to full implementation. Slightly earlier than expected, we’ve now received another key piece of the puzzle, with the Government publishing draft wording that must be included in all written statements for assured periodic tenancies starting from 1 May.

So, what does this mean in practice?

After 1 May, all new tenancies will need a written statement containing some mandatory information. That sounds very much like a tenancy agreement you may be thinking. Well yes that is true, but did you also know that previously there was no legal requirement to actually provide a written tenancy agreement? Now there is going to be, and that tenancy agreement must as a minimum contain the following information:

• Names of all the landlords and tenants

• An address in England or Wales to serve notices

• The property address

• The date the tenancy started

• Amount of rent and when it’s due

• The amount of the deposit (adding the information about the tenancy deposit protection scheme is recommended although not a requirement)

• How utilities are managed – who’s name they should go in and/or if they are covered by the landlord

• Confirmation that a Section 13 notice must be used to propose any rent increases

• The tenant’s minimum notice period (normally two months)

• Explanation of how the landlord can regain possession of the property (the grounds for possession)

• Obligations around fitness for human habitation, repairs, electrical and gas safety (we expect some specific wording for this)

• Confirmation that a tenant has the right to request a pet and landlords cannot unreasonably refuse

• Information on disability-related adaptations (if applicable)

• If supported accommodation is provided, then some specific wording related to that

Although a model tenancy agreement has not yet been provided, we are expecting the government to update the current model assured shorthold tenancy agreement with wording to cover all the above. I would expect all of the trade bodies and a number of other organisations operating in the private rented sector will also create templates.

From 1 May, where no written tenancy agreement is in place, landlords must draft an agreement containing the required information and provide it to the tenant by 31 May. Where a written tenancy agreement already exists (as is the case for most tenancies), landlords should review it to ensure it remains compliant. As a minimum, they will be required to serve a new government-issued information sheet on the tenant by 31 May.

Under the Renters’ Rights Act, Local Authorities are being given new enforcement powers. Where landlords fail to meet the 31 May deadline, or do not provide tenants with the correct written terms for tenancies starting on or after 1 May, civil penalties of up to £4,000 may be imposed. How actively these powers will be used is likely to vary by Local Authority.

As always, keep an eye on LandlordZONE for the latest information on implementation of the Renters Rights Act. We are expecting more guidance, the new information sheet and an updated model tenancy agreement  all to be released between now and April.

‍