Lettings legislation update – February 2022
Couldn’t join us live for our monthly News Hour webinar with Rightmove Legal & Compliance Director, David Cox?
Here’s a summary of the updates David covered. For the full overview, including answers to the audience’s questions, watch the webinar recording On Demand via the link below.
This month’s headlines
Click to expand each headline below for the full detail.
The Government has outlined its intention that by 2030, renters will have a secure path to ownership with the number of first-time buyers increasing in all areas. The Government’s ambition is for the number of non-decent rented homes to have fallen by 50%, with the biggest improvements in the lowest performing areas. The key parts affecting the property industry are on pages 221-228 of the White Paper. Here’s a link to the full document. The policy programme is focused on 3 areas. 1.Making home ownership a reality 2.Improving housing quality 3.Reforming the planning system This landmark case finally came to an end this month. David described the ruling, in the agent’s favour, as a “near miss” that could have had significant ramifications for the industry. Here’s a summary of the background, the court process and the decision taken. The facts The issue Court of Appeal verdict The impact Read the judgment in full via this link. Why is Legionella being discussed at the moment? Some consultants and letting agents are using the revised guidance to suggest that new legislation has been imposed on landlords of domestic rented properties for managing and controlling the risks of exposure to Legionella bacteria of their tenants. This is wrong. The legislation has not changed and misinformation can impose unnecessary financial burdens on landlords where they are being charged for Legionella testing and certificates they don’t actually need. What is Legionella? Legionnaires’ disease is a pneumonia-like illness commonly caused by the inhalation of small droplets of contaminated water. What does the law say? Testing requirements Control measures To protect against Legionella, you can advise your landlords to: Tenants should be informed of all control measures What can tenants do? Record keeping The HSE guidance is available here. What’s the penalty for non-compliance? Although incredibly rare, breaches of Section 3 of the Health and Safety at Work Act 1974 could result in up to 2 years imprisonment, a fine of up to £20,000 or both. Here’s a link to the full legislation.The Levelling Up White Paper (relevant to sales and lettings)
The Northwood Solihull vs. Fearn and Others legal case
Legionella
David joins Lisa on the webinar sofa each and every month to cover off the latest legislative updates affecting agents. In March we’ll be discussing Right to Rent along with the other hot topics in the news. Got a topic you’d like us to cover? Email us at hub@rightmove.co.uk.