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Report maintenance Rental legislation and legal notices
There is a lot of legislation in the world of lettings to support both landlords and tenants. Here we explain some of the legal notices and acts within the property industry, cutting through the legal jargon for our Bristol rental landlords and tenants.
Renters Reform – a big change to rental legislation
Big changes for the rental market! Renter’s reform refers to proposed changes in law aimed at enhancing the rights and protections of tenants. It looks to promote fairer renting practices, and improving the overall rental experience. Without doubt the most talked about part is the scrapping of section 21 notices. Find out more about the proposals.
Section 21 Notice
Often described as the “no-fault eviction“, its a notice issued on behalf of landlords. The notice paves the way for ending an assured shorthold tenancy without requiring a specific reason. This will be abolished when the renters’ reform comes in.
Section 8 Notice
This legal notice is served by landlords to regain possession of a property due to tenancy agreement breaches.
Section 20s (Section 20 consultation)
In the realm of UK residential leasehold properties, Section 20 of the Landlord and Tenant Act 1985. Put simply; making sure leaseholders are told of significant works or agreements that may impact them financially. Communication and working together is key!
Section 11 Landlords Obligations
Safe and sound! Its a landlord’s legal responsibility to maintain the structure and exterior of the property, and services like heating, plumbing, and sanitation.
Section 13 Notice
A fair increase! Served by landlords to propose a rent increase during a fixed-term tenancy. This follows the legally required process giving tenants ample notice.
Section 24 Mortgage Interest Relief Changes
Adapting to new rules! Changes in tax relief on mortgage interest for landlords, which impact the amount of tax relief. We offer guidance to landlords to navigate these changes successfully.
Deregulation Act 2015
Balancing rights and responsibilities! This act introduces changes to the private rented sector, including new rules on retaliatory evictions and prescribed information. We keep landlords informed and compliant with these legal updates.
Rental legislation and legal notices
There is a lot of legislation in the world of lettings to support both landlords and tenants. Here we explain some of the legal notices and acts within the property industry, cutting through the legal jargon for our Bristol rental landlords and tenants.
What is a Section 21?
Section 21 notice often described as the “no-fault eviction”. This is something we issue on behalf of Bristol landlords, which allows them to regain possession of their property. We find that most our landlords have used this notice responsibly.
Some of the reasons we’ve found Bristol landlords use this notice:
- Move in a family member or themselves – Sometimes a landlord may need to move into the property themselves, move in their children or perhaps help a close family member with a home.
- Not getting their rent – A landlord will often rely on their rent being on time. missed payments or ongoing money owed can be a problem.
- Problem tenants – From anti-social behaviour to not looking after the property, there are often good reasons for a landlord to want a tenant to leave.
- Tenancy agreement breaches – This can include overdue rent, moving someone in that’s not on the tenancy, sub-letting, smoking, not keeping it clean or even damage.
- Selling – Sometimes a landlord will need to sell the property. So, they may want to give a property a lick of paint, sell it without the tenants clutter or remove the worry of a buyer having to evict someone to move in.
- Spruce up the property – rentals will eventually become dated over time, the landlord may want to improve living conditions, or simply update with the aim of increasing the rental yield.
Most are responsible, but there are some landlords that will have used the bill to remove tenants that have raised real problems with the property. Perhaps problems that they don’t want to fix. This bill looks to address this and other behaviour that’s unfair to renters.
What does this mean, will I be able to get my property back for these reasons?
Well, the devil will be in the detail. The Department for Levelling Up, Housing and Communities stated on the 17th May 2023 that “it is critical that landlords have the peace of mind that they can regain their property when their circumstances change or tenants do not fulfil their obligations.” An example of this is a plan to combat anti-social behaviour, new powers are to be introduced that will help to tackle repeat offenders.
Regain possession
Instead of section 21s a landlord may need to go to court to get their property back. However, there will be some mandatory grounds that if proven a judge must award. Some grounds will fall to the judge and whether they believe it is ‘reasonable’ to award the landlord possession. We’ve included the full table from the Gov.uk paper below. Remember this could change as discussions progress in parliament.
Section 8 notice
The section 8 looks set to remain, it allows landlords to get their property back in a serious and specific breach of the tenancy.
So, whilst there will likely be a little more red tape and we’ll need to better understand the grounds to regain the property, it feels like there is likely to be the ability to regain for some of these reasons, though sometimes it will fall to the view of a judge (discretionary Vs mandatory.)
Proposed grounds for possession – you.gov
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Moving in
Description The landlord or their close family member wishes to move into the property.
Notice period is 2 months – Mandatory ground for possession
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Selling (rent-to-buy)
Description The landlord is a private registered provider of social housing and there is a rent-to-buy agreement.
Notice period is 2 months – Mandatory ground for possession
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Superior lease ending
Description The landlord’s lease is under a superior tenancy that is terminated by the superior landlord.
Notice period is 2 months – Mandatory ground for possession
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Student Accommodation
Description In the 12 months prior to the start of the tenancy the property has been used to house students. This can be used by educational establishments and PBSA only.
Notice period is 2 weeks – Mandatory ground for possession
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Agricultural workers
Description The landlord requires possession to house someone who will be employed by them as an agricultural worker.
Notice period is 2 months – Mandatory ground for possession
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Employment by landlord
Description The dwelling was let as a result of the tenant’s employment by landlord, and the employment has come to an end OR tenancy was not meant to last the duration of the employment and the dwelling is required by new employee.
Notice period is 2 months – Mandatory ground for possession
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Used for supported accommodation
Description The provider requires possession from a non-supported accommodation resident to relet as supported accommodation.
Notice period is 4 weeks – Mandatory ground for possession
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Temporary accommodation
Description The landlord is ending a tenancy granted because the household is owed the homelessness duty.
Notice period is 4 weeks – Mandatory ground for possession
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Enforcement action
Description The landlord is subject to enforcement action by Local Authority or banning order by First-tier Tribunal and needs to regain possession to become compliant. Refused/Revoked HMO licenses etc.
Notice period is 2 months – Mandatory ground for possession
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Severe Anti-social behaviour/Criminal Behaviour
Description The tenant convicted of a criminal offence, breached an IPNA, breached a criminal behaviour order, or convicted of causing noise nuisance.
Notice period – possession claim can be made immediately – Mandatory ground for possession
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Serious rent arrears
Description The tenant is at least 2 months in arrears at the time notice is served and the court hearing. Exemption for outstanding benefit payments.
Notice period is 4 weeks – Mandatory ground for possession
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Suitable alternative accommodation
Description Suitable alternative accommodation is available for tenant.
Notice period is 2 months – Discretionary ground for possession
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Persistent arrears
Description The tenant has persistently delayed paying their rent
Notice period is 4 weeks – Discretionary ground for possession
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Deterioration of property
Description The tenant has caused the condition of the property to deteriorate.
Notice period is 2 weeks – Discretionary ground for possession
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Domestic abuse
Description Social landlords only. Evict the perpetrator of domestic violence if the partner has left the property.
Notice period is 2 weeks – Discretionary ground for possession
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Deterioration of furniture
Description The tenant has caused the condition of the furniture to deteriorate.
Notice period is 2 weeks – Discretionary ground for possession
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Supported accommodation (discretionary)
Description The tenant has unreasonably refused to cooperate with the support service provided.
Notice period is 4 weeks – Discretionary ground for possession
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Selling
Description The landlord wishes to sell the property.
Notice period is 2 months – Mandatory ground for possession
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Mortgage repossession
Description The property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession.
Notice period is 2 months – Mandatory ground for possession
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Possession by superior landlord
Description After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord, and seeks to take possession.
Notice period is 2 months – Mandatory ground for possession
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Ministers of religion
Description The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion.
Notice period is 2 months – Mandatory ground for possession
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Employment criteria
Description The social landlord requires the dwelling to let to someone based on their employment eligibility (e.g., key workers).
Notice period is 2 months – Mandatory ground for possession
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End of employment related criteria
Description The social landlord must have granted the tenancy because of the tenant’s employment eligibility (e.g., key workers) and they no longer meet those criteria.
Notice period is 2 months – Mandatory ground for possession
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Supported accommodation (mandatory)
Description The provider requires possession because support services or funding has ended or fallen away; the provision is no longer meeting the tenant’s needs; the placement was ‘move on’ accommodation.
Notice period is 4 weeks – Mandatory ground for possession
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Redevelopment
Description The landlord is seeking possession to redevelop at least 6 months after start of tenancy. Must demonstrate changes cannot be done with the tenant living there.
Notice period is 2 months – Mandatory ground for possession
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Death of tenant
Description The tenancy was passed on by will or intestacy. Possession proceedings must begin no later than 24 months after death.
Notice period is 2 months – Mandatory ground for possession
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No right to rent
Description At least one of the tenants has no right to rent under immigration law.
Notice period is 2 weeks – Mandatory ground for possession
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Repeated serious arrears
Description Three separate instances of at least 2 months of arrears over a 3 year period.
Notice period is 4 weeks – Mandatory ground for possession
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Any rent arrears
Description The tenant is in any amount of arrears when notice is served and on the day of their court hearing.
Notice period is 4 weeks – Discretionary ground for possession
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Breach of tenancy
Description The tenant is guilty of breaching one of the terms of their tenancy agreement.
Notice period is 2 weeks – Discretionary ground for possession
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Anti-social behaviour
Description The tenant or anyone living in or visiting the property has been guilty of causing nuisance or annoyance to the landlord or anyone living in, visiting or in the locality of the property, or has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offense in the locality.
Landlord can make immediate possession claim – Discretionary ground for possession
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Rioting
Description The tenant or other adult living at the property has been convicted of an indictable offence which took place at a riot in the UK after 13 May 2014.
Notice period is 2 weeks – Discretionary ground for possession
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False statement
Description The tenancy was granted due to false statement.
Notice period is 2 weeks – Discretionary ground for possession
What’s next?
Well, the government missed its original target date when the last parliamentary term ended. We would expect further discussions and the formal “second reading” to happen in autumn this year. We’ll keep landlords up to date when we know more accurate timings.
Tobi’s Top Bristol Picks
Every month we’re going to introduce you to one of The Letting Game team, and give an insight into their top Bristol picks, from favourite restaurants, to must-see sights. This month, we learn more about our Senior Lettings Negotiator, Tobi, as she gives us her best from across the city that you might like to try too.
What’s your favourite bit of your job:
I love driving so visiting properties around Bristol is a big plus for me, I’ve learnt my way around the City pretty well. I’ve recently started marketing and as an Interior Designer, this is what I enjoy the most, photographing properties in their best light and the best part of it all, floorplans, so therapeutic.
Favourite thing to do on a day off:
I live in Central Bristol so I’m lucky enough to be able to stroll to most places, my favourite thing about living in the city centre is the endless options of restaurants. My favourite way to spend a Bristol weekend is going out for food with my loved ones and then walking around the Harbourside, especially in the evenings. Sundays, I dedicate to myself, you really won’t catch me outside on this day, very much a self-care day, a day to really relax and unwind and get ready for a new week ahead.
Best Bristol restaurant:
I won’t stop raving about it; Miller & Carter down at College Green is incredible! The location, the interior, the service, and the food, I really can’t fault it, every single time I’ve been there it’s chef’s kiss.
I tried out Batida recently on Whiteladies Road and the food hit just right. If you ever give it a try, go easy, if you’re like me who eats with their eyes the options are irresistible, but you won’t be disappointed if you go for one dish or five, just very full.
Best Bristol bar:
I’m not a big drinker but when I get together with the girls, we love to go down to the bar at Za Za Bazaar for drinks and chat and may end up upstairs for some food. It’s comfortable and casual so we can just be ourselves.
Go-to shop in Bristol:
Zara hands down, who doesn’t love Zara and Homesense? I have a thing for home furniture and notebooks, what can I say?
Tobi’s Top Bristol Picks
Every month we’re going to introduce you to one of The Letting Game team, and give an insight into their top Bristol picks, from favourite restaurants, to must-see sights. This month, we learn more about our Senior Lettings Negotiator, Tobi, as she gives us her best from across the city that you might like to try too.
Check the exterior of the property
Make sure the outside of the property is in good condition. Look for loose roof tiles, leaking pipes and gutters, crumbling or cracked brickwork, gaps around windows, and so on – if there are any issues, check with our Bristol Property Experts that they will be repaired before anybody moves in.
Inspect the inside
This feels obvious – of course you’ll be paying attention to the inside…right?
It’s not quite as simple as just having a look around. See if there are any signs of dampness or condensation issues, such as mould or watermarks on the walls. Remember to check the corners of the rooms – high and low!
Parking and Traffic
Always ask what the parking arrangements are with the property and if it’s on-road parking, think about taking a drive around the area at the times you are likely to need to park.
Local area
One of our biggest top tips is to give yourself some time around the viewing to take a walk or drive around the local area. Check the coffee shops, the restaurants, where you’ll be grabbing the essentials at the end of the day. It can have a huge impact on where you end up!
Communal areas
Check if there are any communal areas such as a garden, entrance hall or stairwell.
Ask our Bristol Property Experts who is responsible and if there are any maintenance costs. Some properties have a service charge for the upkeep of
Happy house-hunting!
We hope you find just what you are looking for and if you’re searching for a property to rent in Bristol, you may be interested in some of our properties at The Letting Game.
Tobi’s Top Bristol Picks
Every month we’re going to introduce you to one of The Letting Game team, and give an insight into their top Bristol picks, from favourite restaurants, to must-see sights. This month, we learn more about our Senior Lettings Negotiator, Tobi, as she gives us her best from across the city that you might like to try too.
Harbourfest – 14th July
This annual event is nothing short of spectacular. With rides, live music, food stalls and culture around every corner, this simply has to be marked in your calendar as a must-attend!
Grease Summer screenings – The Mall Gardens Clifton 18th July
A beautiful setting to watch a proper cult classic under the stars. Grab yourself a drink before getting comfortable for the screening, not a bad way to spend summer in Bristol!
Tom Zanetti – Motion 22nd July
Hosted in the Container Yard at Motion, Leeds DJ, Tom Zanetti is scheduled to grace the stage along with some very special guests. Think Ibiza, in Bristol.
Bristol Balloon Fiesta – 10th – 13th of August
A globally famous event, the Balloon Fiesta sees visitors from across the globe make their way to our city to see the incredible spectacle. The morning ascent and nightglow can not be missed.
Sunset Party at Clifton Observatory 11th August
Not able to make it to the Balloon Fiesta? Not a problem, get yourself a perch at one of the most iconic spots in Bristol to watch the balloons float by with a drink in hand and a live DJ to follow.
Glasshouse summer day party – The Full Moon 19th August
With five DJs lined up, the Glasshouse crew are coming back strong following a successful set last year. Dancing the night away in an outdoor bar? There are worse ways to spend summer in Bristol!
Rental legislation and legal notices
There is a lot of legislation in the world of lettings to support both landlords and tenants. Here we explain some of the legal notices and acts within the property industry, cutting through the legal jargon for our Bristol rental landlords and tenants.
These independent 3rd parties help protect landlords and tenants, providing peace of mind you’re working with a letting agency you can trust:
Property Redress Scheme
Basically, resolving disputes and fostering trust! A property redress scheme provides a way for resolving disputes between landlords, tenants, and letting agents. However, we choose to be regulated in an unregulated world providing reassurance to our clients. We’re registered with ARLA Propertymark a recognised property redress scheme, therefore, offering peace of mind and a pathway to resolution.
Client Money Protection Scheme
The Client Money Protection Scheme is a little extra reassurance for landlords, tenants, and third parties. The scheme reimburse these parties, in the event that an agent misappropriate their rent, deposit, or other client funds.
The Property Ombudsman
Your property peacekeeper! The Property Ombudsman is an independent UK body that resolves disputes between consumers and property agents, including letting agents. Basically they provide a neutral platform for complaint resolution, promoting fairness and transparency in the property industry.
Landlord Insurance
Protecting the Protector! This is for additional peace of mind. An insurance policy that covers risks associated with renting out a property e.g. property damage, liability claims, or loss of rental income.
Meet our Bristol Lettings Manager Tracy
Tracy joined The Letting Game in January 2022, having worked in the property industry for over 19 years. Bringing with her a wealth of experience and passion for people and building relationships with both landlords and tenants. It was a perfect fit for our Lettings Manager role.
How long have you been in the lettings industry?
“I started my career back in 2004 in South Africa working in residential sales. Moving into lettings and property management in 2008. Having owned my own real estate business for 10 years I developed strong relationship management and industry knowledge and experience. I’ve since moved to the UK and gained over 5 years of market experience here. I’m passionate about providing a great service to our clients.”
What does a Lettings Manager do?
“Key to my role is building strong relationships with our landlords and tenants. Also supporting my team to do the same. Understanding the needs of our landlords and making sure we find them fantastic tenants is important to me.
We’ll make sure that our landlord’s properties are shown in their very best light. With fantastic photographs, virtual tours, floor plans, and unique property descriptions as standard. Our incredible marketing also gets eyes on your property quickly. Our ‘first look’ on Instagram creates an initial buzz around your property, before it even hits the property portals like Rightmove. This means we often book a block of viewings within the first 24 hours.
My team then runs professional viewings and will manage the negotiations on behalf of our landlords. We’ll also provide feedback to our landlords and discuss the tenant offers with them. Making sure there is strong communication between my team, landlord and tenants is an important part of my role. Something I review regularly with the team.
Once we’ve found great tenants, I make sure that the communications and processes within the business are smooth. Always looking for ways to improve, its all part of our landlord service.”
What are you working on at the minute?
“The team and I are always busy preparing to advertise our landlord’s properties, running viewings, and having discussions with Bristol tenants. Just before this chat, I was writing a property description for one of our Bristol landlords’ properties. Pulling out some of the property and local Bristol highlights – something that only a local Bristol letting agent can provide.“
A green letting agent striving to do more
We have offset our carbon emissions for the second year in a row. Continuing to help our Bristol landlords and tenants make a positive impact on the world. This year, we’re excited to support two extra projects through Carbon Neutral Britain. With projects in India and Costa Rica added, and continuing our support in South-West Australia and Uruguay – it’s great that a Bristol letting agent and its clients can have a positive impact on the world.
Energy efficient lighting in India
A project developed to promote energy-saving lighting in India, reducing the electricity and therefore carbon produced through the grid. At the start of the project coal generated around 76% of India’s electricity. The project offsets 35,000 tonnes of CO2e each year due to the reduction in energy use by improving efficiency.
The project aims to get households to use energy efficient lightbulbs, supplied at the same cost as the less efficient lamps. It also looks to educate people about saving energy at home. Helping provide a saving to households, with lower usage therefore money off their monthly bill. Saving on the cost of living is something I’m sure we can all relate to!
Costa Rica improved biodiversity and mixed reforestation
The tree planting project in Costa Rica follows high-quality standards for forests. It’s a carbon offset project that brings benefits to the local community and environment.
This project focuses on planting trees that are native to Costa Rica, aiming for an eco-friendly and socially responsible approach. So far, it manages 2,115 hectares of land that used to be used for cattle. Out of this, 1,280 hectares have been replanted with diverse forests that closely resemble natural ones.
By constantly monitoring all the different life in the area, this project has discovered 70 new species of amphibians and reptiles have settled on the land. And its even helping one of Costa Rica’s most endangered species of tree.
Other carbon-offsetting projects
We are also continue with our support of the forest planting projects in South-West Australia and Uruguay.
Rental legislation and legal notices
There is a lot of legislation in the world of lettings to support both landlords and tenants. Here we explain some of the legal notices and acts within the property industry, cutting through the legal jargon for our Bristol rental landlords and tenants.
Gas Safety Certificate
Safety first! This vital certificate makes sure that the gas appliances in the rental property have been inspected and approved by a registered Gas Safe engineer. Helping to keep everyone safe from potential gas related hazards. This is required by law to be updated once every 12 months.
Electrical Installation Condition Report (EICR)
This certifies that the electrical installations in the rental property have been checked and approved by a certified professional. A landlord is required to have the property certified every 5 years – but we can arrange this for you.
EPC (Energy Performance Certificate)
Let’s save the planet! An EPC rates the energy efficiency of a property, helping landlords and tenants understand the impact on the environment and provide suggestions for improvement. Although a requirement once complete an EPC is valid for 10 years.
Following an announcement in parliament it has been cofirmed that plans to require EPC rating to C or above have been scrapped, Something that has also been confirmed in the latest renters reform discussions.
Housing Health and Safety Rating System (HHSRS)
Prioritising well-being! HHSRS is a risk assessment tool used to evaluate potential hazards and determine the overall health and safety of a rental property. We assist landlords in meeting the required standards and creating a safe home for tenants.
Fire Safety Regulations
Fire safety protects lives and properties! These include measures and requirements that make sure a rental property meets the safety standards. This includes fire alarms, extinguishers, escape routes, and other precautions.
Damp and Mould
The unwelcome guests! Damp and mould occurs when too much moisture builds up in a property, leading to ugly patches, musty smells, and potential risks to health.
Gas Safety Regulations
Breathing easy! Gas safety law makes sure that gas appliances in rental properties are checked and well maintained. So, this will help prevent carbon monoxide leaks and other hazards.
When a property is managed by The Letting Game, your property manager can look after all the above for you. Please give us a call on 0117 9898 215 to discuss our services.
Best Bristol independent businesses
As a Bristol independent business, we are really proud of how the community support local businesses across Bristol. We asked some of our Bristol letting experts who have brilliant local knowledge about some of their favourites and we’ve got a real mix for you across the city.
Millie’s top pick:
I’m interior design and houseplant obsessed! If ever I’m lost and people need to find me, I will either be in Fancy Plants at the top of Gloucester Road, or Mon Pote on North Street, in BS3. My home is filled to the brim with houseplants (you can never have enough), so both of these fantastic Bristol independent businesses provide everything I will ever need!
Kieran’s top pick:
I love a good pub garden, and now is as good a time as any to get out and enjoy the sunshine! The Ostrich down at the harbourside, has plenty of outdoor seating, and over the summer, the food hut outside serves delicious snacks and burgers to enjoy with an ice-cold pint. A pub on the waterfront, you can’t go wrong!
Tobi’s top pick:
For me, it’s’ a complete toss-up between two of my favourite restaurants, I just can’t decide! Bosco on Whiteladies Road is a go-to for me if we fancy the best Italian in town, there I said it! I also love Bravas on Cotham Hill, the food and atmosphere are unlike anything else in the city. Both places are super relaxed and the staff go above and beyond, a true representation of a Bristol independent business.
Paul’s top pick:
As a music lover, I love nothing more than perusing around a record shop, and seeing what hidden treasures I can find. Friendly Records on North Street, Bedminster is a brilliant Bristol Independent business that specialises in new and used records, they stock all genres, so you’re sure to find some proper gems in there.
