Private-rented sector regulations - Revision history

Designing Buildings at 08:01, 28 February 2021

2021-02-28T08:01:42Z

← Older revision		Revision as of 08:01, 28 February 2021
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	* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794253/domestic-prs-minimum-standard-guidance.pdf The Domestic Private Rented Property Minimum Standard, Department for Business, Energy & Industrial Strategy]		* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794253/domestic-prs-minimum-standard-guidance.pdf The Domestic Private Rented Property Minimum Standard, Department for Business, Energy & Industrial Strategy]

−	[[Category:~~Regulations~~]] [[Category:DCN_Regulation]]	+	[[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:DCN_Regulation]] [[Category:Regulations]]

Designing Buildings at 11:17, 8 October 2019

2019-10-08T11:17:34Z

← Older revision		Revision as of 11:17, 8 October 2019
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	= Introduction =		= Introduction =

−	Shortages in the supply of land, the low rate of housebuilding over the past few decades and a burgeoning urban population have all created ~~huge~~ pressures on the availability of affordable housing. This has led to more people unable to buy their homes and as a consequence a rise in the demand for domestic private rental property.	+	Shortages in the supply of land, the low rate of housebuilding over the past few decades and a burgeoning urban population have all created pressures on the availability of affordable housing. This has led to more people being unable to buy their homes and as a consequence a rise in the demand for domestic private rental property.

−	As the demand for private rented property has grown, so too has government regulation of the ~~sector~~.	+	As the demand for private rented property has grown, so too has government regulation of the Private Rented Sector (PRS).

	= Regulations =		= Regulations =

−	Introduced by the Housing Act 1988 (with a remit broadened by the Housing Act 1996), the Assured Shorthold Tenancy is the most common type of letting agreement for a private domestic property in England and Wales~~. Its counterpart in Scotland is the Short Assured Tenancy~~.	+	Introduced by the Housing Act 1988 (with a remit broadened by the Housing Act 1996), the Assured Shorthold Tenancy (AST) is the most common type of letting agreement for a private domestic property in England and Wales.

−	Other tenancies that are less common than ASTs include:	+	Other tenancies that are less common than ASTs include; excluded tenancies or licences, assured tenancies and regulated tenancies
−		+
−	* Excluded tenancies or licences;	+
−	* Assured tenancies and	+
−	* Regulated tenancies	+

	== Housing Act 2004 ==		== Housing Act 2004 ==

−	The Housing act 2004 aims ~~at the overall enforcement of~~ general housing standards and includes sections on improvement notices relating to hazards and hazard awareness (eg fire and health and safety), emergency orders, demolition orders and slum clearance declarations, licensing of housing in multiple occupation, overcrowding notices and tenancy deposit schemes. For more information see Housing Act 2004. Some of its provisions are listed under the headings below.	+	The Housing act 2004 aims to enforce general housing standards and includes sections on improvement notices relating to hazards and hazard awareness (eg fire and health and safety), emergency orders, demolition orders and slum clearance declarations, licensing of housing in multiple occupation, overcrowding notices and tenancy deposit schemes. For more information see Housing Act 2004. Some of its provisions are listed under the headings below.

	=== Health and safety ===		=== Health and safety ===
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	It is a landlord’s responsibility to fit and test smoke alarms and carbon monoxide alarms. Landlords must comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 which aim to ensure that private sector tenants are safe in their homes.		It is a landlord’s responsibility to fit and test smoke alarms and carbon monoxide alarms. Landlords must comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 which aim to ensure that private sector tenants are safe in their homes.

−	The regulation recognises that in the event of a fire, the likelihood of people dying is four times greater if there is no smoke alarm. From October 1 2015, private-sector landlords are required to have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel-burning appliance (eg a coal fire, wood-burning stove). ~~After that, landlords~~ must make sure the alarms are in working order at the start of each new tenancy. They must also ensure clear access to escape routes and that the furniture and furnishings they supply are fire safe.	+	The regulation recognises that in the event of a fire, the likelihood of people dying is four times greater if there is no smoke alarm. From October 1 2015, private-sector landlords are required to have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel-burning appliance (eg a coal fire, wood-burning stove). Landlords must make sure the alarms are in working order at the start of each new tenancy. They must also ensure clear access to escape routes and that the furniture and furnishings they supply are fire safe.

−	Fire requirements also exist in other legislation such as under the Regulatory Reform (Fire Safety) Order 2005 ~~(see external references below)~~.	+	Fire requirements also exist in other legislation such as under the Regulatory Reform (Fire Safety) Order 2005.

	=== Energy efficiency ===		=== Energy efficiency ===

−	The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, ~~recently~~ amended by the Energy Efficiency (Private Rented Property) (Amendment) (England and Wales) Regulations 2019) set out the minimum level of energy efficiency for private rented property in England and Wales. The regulations are designed to tackle the least energy-efficient properties – those rated F or G on their Energy Performance Certificate (EPC).	+	The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, amended by the Energy Efficiency (Private Rented Property) (Amendment) (England and Wales) Regulations 2019, set out the minimum level of energy efficiency for private rented property in England and Wales. The regulations are designed to tackle the least energy-efficient properties – those rated F or G on their Energy Performance Certificate (EPC).

−	The Regulations aim to establish more thermally efficient homes for ~~the~~ vulnerable and fuel-poor tenants, giving them a better living environment and lower energy bills. Although newly-built homes in the private rented sector (PRS) tend to have higher energy-efficiency ratings than the average, there remains a stock of older, often pre-1919 properties, which are less efficient and are difficult and costly to heat. These less efficient properties result in higher tenant energy bills, and for many, the likelihood of living in fuel poverty.	+	The Regulations aim to establish more thermally efficient homes for vulnerable and fuel-poor tenants, giving them a better living environment and lower energy bills. Although newly-built homes in the private rented sector (PRS) tend to have higher energy-efficiency ratings than the average, there remains a stock of older, often pre-1919 properties, which are less efficient and are difficult and costly to heat. These less efficient properties result in higher tenant energy bills, and for many, the likelihood of living in fuel poverty.

	EPC F- and G-rated properties are the most energy inefficient of the housing stock. The regulations establish a minimum standard of EPC band E for both domestic and non-domestic private rented property, and affect new tenancies and renewals since 01 April 2018.		EPC F- and G-rated properties are the most energy inefficient of the housing stock. The regulations establish a minimum standard of EPC band E for both domestic and non-domestic private rented property, and affect new tenancies and renewals since 01 April 2018.
−
−	~~The Energy Efficiency regulations also benefit landlords. These include:~~
−
−	* Increased tenant satisfaction;
−	* Reduced vacant periods;
−	* Reduced long-term property maintenance costs, and
−	* Making properties more attractive and easier to let.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
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	* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794253/domestic-prs-minimum-standard-guidance.pdf The Domestic Private Rented Property Minimum Standard, Department for Business, Energy & Industrial Strategy]		* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794253/domestic-prs-minimum-standard-guidance.pdf The Domestic Private Rented Property Minimum Standard, Department for Business, Energy & Industrial Strategy]

−	[[Category:Regulations]]	+	[[Category:Regulations]] [[Category:DCN_Regulation]]

Editor: Created page with "= Introduction = Shortages in the supply of land, the low rate of housebuilding over the past few decades and a burgeoning urban population have all created huge pressures on th..."

2019-08-05T17:31:48Z

Created page with "= Introduction = Shortages in the supply of land, the low rate of housebuilding over the past few decades and a burgeoning urban population have all created huge pressures on th..."

New page

= Introduction =

Shortages in the supply of land, the low rate of housebuilding over the past few decades and a burgeoning urban population have all created huge pressures on the availability of affordable housing. This has led to more people unable to buy their homes and as a consequence a rise in the demand for domestic private rental property.

As the demand for private rented property has grown, so too has government regulation of the sector.

= Regulations =

Introduced by the Housing Act 1988 (with a remit broadened by the Housing Act 1996), the Assured Shorthold Tenancy is the most common type of letting agreement for a private domestic property in England and Wales. Its counterpart in Scotland is the Short Assured Tenancy.

Other tenancies that are less common than ASTs include:

* Excluded tenancies or licences;
* Assured tenancies and
* Regulated tenancies

== Housing Act 2004 ==

The Housing act 2004 aims at the overall enforcement of general housing standards and includes sections on improvement notices relating to hazards and hazard awareness (eg fire and health and safety), emergency orders, demolition orders and slum clearance declarations, licensing of housing in multiple occupation, overcrowding notices and tenancy deposit schemes. For more information see Housing Act 2004. Some of its provisions are listed under the headings below.

=== Health and safety ===

The main provisions relate to gas and electrical safety:

Gas

Under the 2004 Act, landlords must ensure gas equipment they provide is safely installed and maintained by a Gas Safe engineer, checked annually and a gas safety certificate obtained and kept for records.

Electrical safety

Landlords must ensure electrical systems (sockets and light fittings) and appliances (cookers and kettles) are safe.

Fire safety

It is a landlord’s responsibility to fit and test smoke alarms and carbon monoxide alarms. Landlords must comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 which aim to ensure that private sector tenants are safe in their homes.

The regulation recognises that in the event of a fire, the likelihood of people dying is four times greater if there is no smoke alarm. From October 1 2015, private-sector landlords are required to have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel-burning appliance (eg a coal fire, wood-burning stove). After that, landlords must make sure the alarms are in working order at the start of each new tenancy. They must also ensure clear access to escape routes and that the furniture and furnishings they supply are fire safe.

Fire requirements also exist in other legislation such as under the Regulatory Reform (Fire Safety) Order 2005 (see external references below).

=== Energy efficiency ===

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, recently amended by the Energy Efficiency (Private Rented Property) (Amendment) (England and Wales) Regulations 2019) set out the minimum level of energy efficiency for private rented property in England and Wales. The regulations are designed to tackle the least energy-efficient properties – those rated F or G on their Energy Performance Certificate (EPC).

The Regulations aim to establish more thermally efficient homes for the vulnerable and fuel-poor tenants, giving them a better living environment and lower energy bills. Although newly-built homes in the private rented sector (PRS) tend to have higher energy-efficiency ratings than the average, there remains a stock of older, often pre-1919 properties, which are less efficient and are difficult and costly to heat. These less efficient properties result in higher tenant energy bills, and for many, the likelihood of living in fuel poverty.

EPC F- and G-rated properties are the most energy inefficient of the housing stock. The regulations establish a minimum standard of EPC band E for both domestic and non-domestic private rented property, and affect new tenancies and renewals since 01 April 2018.

The Energy Efficiency regulations also benefit landlords. These include:

* Increased tenant satisfaction;
* Reduced vacant periods;
* Reduced long-term property maintenance costs, and
* Making properties more attractive and easier to let.

= Related articles on Designing Buildings Wiki =

* Empty dwelling management orders.
* Home information pack HIP.
* House in multiple occupation.
* Housing Act 1996.
* Housing Act 2004.
* Housing Health and Safety Rating System.
* Local authority.
* Localism Act.
* Planning Act 2008.
* Planning legislation.
* Social housing.
* Statutory instruments.
* Town and Country Planning Act.

= External references =

* [https://www.legislation.gov.uk/ukpga/2004/34/part/1/chapter/1 Housing Act 2004, Legislation.gov.uk]
* [http://www.legislation.gov.uk/uksi/2005/1541/contents/made Regulatory Reform (Fire Safety) Order 2005.]
* [https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants The Smoke and Carbon Monoxide Alarm (England) Regulations 2015: Q&A booklet for the private rented sector – landlords and tenants.]
* [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794253/domestic-prs-minimum-standard-guidance.pdf The Domestic Private Rented Property Minimum Standard, Department for Business, Energy & Industrial Strategy]

[[Category:Regulations]]