What landlords need to know for the 1st of October

Regulations will come into effect from 1 October in relation to the new Section 21 notice required to recover possession on expiry of a fixed term tenancy in England.   (The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. 

• The regulations introduce new requirements for service of a valid section 21 Notice.
• The Landlord (or managing agent) will need to show that the Energy Performance Certificate and Gas Safe Certificate were given to the Tenant. Without these documents landlords will be unable to use the non-fault Section 21 Notice.

Also at the start of each tenancy (including renewals) landlords (or managing agents)  must serve “How to rent: the checklist for renting in England”. This is available on the Gov.uk website for landlords and agents to download and print off for each tenancy.  Landlords will need to ensure that they can prove the checklist  was given to their tenant.

These additional responsibilities are likely to make issuing accelerated possession proceedings more difficult given the extra burdens of proof however ARAG in common with other LEI providers requires Section 21 notices to be correctly issued before accepting a claim for repossession under the policy. We provide a Section 21 notice for landlord policyholders to download for free from our legal services website. www.araglegal.co.uk  (See accelerated possession). Family legal Solutions policyholders can also down load a Section 21 notice for £19.99. The new notice will be available from 1^st October.

New smoke alarm installation regulations were scheduled to come into force on 1 October, requiring all landlords to install smoke alarms on every floor in their properties but opposition in the House of Lords will delay the start. http://www.pims.co.uk/news-article/carbon_no/

• Some free alarms are available from local fire services. http://www.alarms4life.com/request-alarms.aspx
• Where solid fuel heating is used an alarm must be fitted in each room used as living accommodation (including bathrooms) . ‘Solid fuel’ means coal or wood, not gas or oil. Although carbon monoxide alarms are recommended for rooms with gas or oil heating, they are not compulsory 
• Landlords are responsible for ensuring that the alarms are working at the start of the tenancy. Tenants are responsible for looking after them during the tenancy
• The regulations will not apply to social housing or live-in lodgers and separate but similar rules already apply to HMOs.
• Enforcement is by local authorities who will be empowered to issue a remedial notice requiring the landlord to fit the alarms within 28 days. 
• Where a landlord fails to take reasonable steps to install an alarm the local authority can gain access (with the tenant’s permission) to do so and can serve  a penalty on the landlord for up to £5,000.
• Landlords can ask for a penalty notice to be reviewed  and subsequently there is a right of appeal to the Residential Property Tribunal.

Note - ARAG policies do not cover appeal against statutory notices or RPT appeals.

Value from insurance without making a claim, that’s something to smile about

Things don’t always go the way you plan them and unexpected problems can be time consuming and
stressful to deal with. Whether your client’s problem is legal or something personal with our Family Legal Solutions cover they can get help as often as they need it.

Legal and tax advice
Our legal advice line is available 24/7 all year around, we can help with any personal legal matter from problems with employment and personal injury, to consumer contract and disputes with neighbours. We are available to answer personal tax queries 9am-5pm Monday to Friday.  

Consumer Legal Services
In addition your clients can access our online legal services and download legal documents and letters that can help with everyday legal matters concerning everything from wills and consumer disputes to landlord notices. Many documents are free while others attract a modest fee.

Identity Theft advice and resolution service
Identity theft is an increasingly common problem these days; if it happens to your clients we can help them resolve the problem as quickly as possible. We offer telephone advice on how they can keep their ID secure, and if something does go wrong a full resolution service is available. This puts our policyholder in touch with a case worker who can assist with drafting letters to financial institutions and suppliers of goods or services. They will also help callers to contact the three credit rating agencies if it is necessary to repair a damaged credit rating.

Identity Theft on the rise

According to an article in today’s Financial Times “fraudulent applications for current accounts have risen sharply in the past three months, underlining the growing threat of identity theft for banks and their customers.  Fraudsters made 81 out of every 10,000 current account applications in the first three months of 2015, but the proportion nearly doubled to 151 in 10,000 in the second quarter. At the end of 2013 it was just 48 in 10,000”.

ARAG offers telephone advice to Family Legal Solutions policyholders about how they can keep their ID secure, and if something does go wrong a full resolution service is available. This puts our policyholder in touch with a case worker who can assist with drafting letters to financial institutions and suppliers of goods or services. They will also help callers to contact the three credit rating agencies if it is necessary to repair a damaged credit rating. Alternatively policyholders can register to use our legal services website to use the free risk assessment tool and download suitable letter templates. Where matters cannot be resolved through correspondence and legal action becomes necessary Family Legal Solutions policyholders are insured against legal costs to pursue or defend actions. 

Legal costs and expenses cover for disputes that arise from personal identity theft is also available to directors and partners of businesses who have Absolute or Business Essential Legal Solutions policies in place. These policyholders also enjoy free access to the risk assessment and letter templates once registered on the business area of our legal services website.

Policyholders will need to register using their voucher code at www.araglegal.co.uk on their first site visit.