Updated How to rent and How to let guides have now been published.
The latest How to rent guide forms part of the prescribed information landlords in England must give to tenants signing a rental agreement.
The new guide has been updated to reflect recent legal changes, including the requirement for carbon monoxide alarms to be fitted in every room with a fixed fuel-burning appliance.
It also details fees that landlords and letting agents are permitted to charge tenants, and some that they are not. Permitted fees include a refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000, or 6 weeks’ rent where the total annual rent is £50,000 or above, a refundable holding deposit (to reserve a property) capped at no more than one week’s rent, and payments associated with early termination of the tenancy, when requested by the tenant.
Fees that are not allowed include viewing fees, tenancy set-up fees, check out fees, and any third party.
The How to let guide is designed for current and prospective landlords and explains responsibilities, legal requirements and best practice for letting a property in the private rented sector. It is not intended to cover leasehold, holiday lets or ‘resident landlords’ who let to lodgers.
It includes sections on things landlords must do during tenancies, including keeping installations for the supply of water, gas, electricity and sanitation, and for heating of space and water in proper working order. Harassment and illegal evictions I also covered including a reminder to landlords that except in emergencies, they are not permitted to access their rented properties without giving at least 24 hours’ notice.
‘It’s a crime to harass your tenant or try to force them out of a property without using proper procedures. Local councils and the police have powers to prosecute landlords for harassment or illegal evictions. The tenant may also have a right to claim damages through the courts. Harassment can be anything a landlord does, or fails to do, that makes a tenant feel unsafe in the property or forces them to leave. A landlord may be guilty of illegal eviction if a tenant is not given the required notice to leave the property, finds the locks have been changed, or is evicted without a court order.
