Deregulation Strikes Again!

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  • Deregulation Strikes Again!

The Deregulation bill is now in force. It changes how to renew a contract. It also changes new agreements.

Deregulation Act

This is an important ruling that came from a case of Caridon Property Limited –v- Monty Shooltz. A landlord could not issue a gas safety certificate after the tenancy started. He failed to serve it on the tenant before it begun. The judge referred to the Deregulation Act 2015. Failure to issue a gas certificate before the tenancy invalidates a Section 21 notice. The landlord had served the gas safety certificate on the tenant 11 months after the tenancy began. The judge decided that the landlord did not follow the prescribed requirements. The landlord had served a Section 21 Notice, but the judge ruled it invalid.

The landlord appealed the decision. The judge this time was a recognised and respected Housing barrister. The judge decided that the landlord did not follow the prescribed requirements. Any subsequent serving of the certificate would not rectify the matter.

The Ruling in Caridon Property Limited –v- Monty Shooltz is likely to be considered as definitive by the Courts.

The current gas safety regulations state that the tenants must receive a copy of the last gas safety. They must do so before occupation. However, the AST regulations state that the time limit does not apply.

Unfortunately, the housing minister has not been able to confirm anything.

This has massive and wide-ranging consequences for landlords. Please see our previous article on the Deregulation bill – https://harringtonslettings.co.uk/deregulation-bill-the-housing-deregulation-act-2105-are-you-compliant/

 

Summary

It is important that landlords ensure that they are fully compliant. We would suggest serving the gas safety certificates immediately. Once they are completed they need to be served.  Please see here the article on gas regulation changes. Serving the gas safeties within 30 days of being done is now required.

 

Serving an EPC on a tenant before they move in is essential.  Also ensuring the document served within 30 days of completion. If you are unsure to check with your letting agent or your solicitor. Additionally, feel free to read up about this on the government website – https://www.gov.uk/government/collections/energy-performance-certificates

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Tegan
Tegan
17:30 22 Feb 24
Have been very accommodating and helpful when calling agents. They have been very helpful in being able to secure a house for students.
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TheFlyingCrocodile
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Went above and beyond to get things sorted for me
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Brittany Stace
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Harringtons have been incredibly helpful and supportive of us as new renters and they have been super efficient in getting all of the documents sent through and signed in such a short period of time. Thank you!
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Georgie Prebble
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So far the service has been good. The staff are very friendly and quick to respond to any questions and requests.
Polly Smith
Polly Smith
11:17 28 Dec 23
we chose this letting agents as they chose a good bills company that is much cheaper than other agents. When viewing houses the staff were very friendly and have been very helpful in answering our questions and making the process as easy as possible.
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Emma Howe
16:06 14 Nov 23
I would rate Harringtons Lettings a 5/5. Very lovely on the phone and very quick and easy to communicate with via email. Any problems have been resolved in no time at all. So far so good!I found Harringtons via Rightmove.
Akwisitions Feedback
Akwisitions Feedback
16:25 30 Oct 23
Very responsive and super helpful throughout the process. Highly recommended!
Chloe Ballard
Chloe Ballard
17:28 02 Oct 23
Although I have only been renting with Harringtons for a short period of time, I have had nothing but a positive experience. From viewing to admin updates. The admin team especially are very polite and quick to respond and I have no doubt that the rest of my tenancy will run smoothly. I would recommend to anyone considering renting in brighton.
Matthew Ball
Matthew Ball
11:46 19 Sep 23
Professional communication with tenant although entirely impersonal. There was a bigger disconnect in their communication with the landlord in most cases, which seemed to be either slow or non-existent (discovered after contacting the landlord directly).Property was full of spider webs on day 1 despite apparently being professionally cleaned. Took a day off of work to clean it on move out day, leaving it cleaner than when it received but still had to pay part of the deposit for professional cleaning.It has been a while since I have rented, but I'll avoid letting agencies completely now if this is anything close to the average renting experience.
Ronan SK
Ronan SK
12:38 12 Sep 23
Great professionalism/communciation from the start up until the end of my tenancy. Definitely set the standards for what agencies should be like. Highly recommend to those within Brighton.
Daniel Sutton
Daniel Sutton
10:29 24 Aug 23
I have rented with Harringtons Lettings before and have always found the agents to be quick, efficient, friendly and helpful. I loved their service so much I have chosen to rent with Harringtons again. Faultless 😊
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