UKALA

Before letting a property, confirmation of who owns the property needs to be established so that an agreement is in place from the owners that a property can be let. Our latest article continues the theme of property ownership, looking specifically at the different ownership arrangements. As well as leasehold and freehold, the two most familiar legal estates in land, we look at commonhold and shared ownership and the implications of these different types of ownership.

We also consider the legal interests in land, and what happens if someone other than the freeholder or leaseholder has a legal interest in the land.

Understanding Property Ownership - Part 2 (England and Wales) - UKALA In Part 2, you can understand recent property ownership arrangements in England and Wales: commonhold, shared ownership, and legal interests in land.

The Renters Reform bill has passed its third reading in the House of Commons. As this flagship piece of legislation, which promises to reform the private rented sector, gets closer to achieving Royal Assent and becoming law, we look at the most impactful changes of the bill, including the loss of section 21, rent repayment orders, and periodic tenancies.

UKALA will keep our members informed of further developments to this important bill, which will have implications for both tenants and landlords.

Renters Reform Update - April 2024 - UKALA Stay informed with the latest updates on the Renters Reform Bill as it progresses through Parliament. Learn about key amendments and their potential impact.

Following part one of our two-part series on asbestos, which outlined the responsibilities of landlords, we look in depth at the risk to health from asbestos-containing material (ACM). We also explore where this fibrous material is most commonly located in residential dwellings and non-domestic premises, and the main legislation which is often used by prosecuting authorities in cases related to asbestos.

The principal legislation that landlords and agents should be aware of in this discussion are the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 and Control of Asbestos Regulations 2012. Regulation 4.

Asbestos: Outlining Responsibilities - Your Practical Steps – England and Wales - Article 2 - UKALA In our latest article on asbestos responsibilities, we examine real-life prosecutions and practical steps for managing risk, highlighting duty holder obligations.

In the first of a two articles related to asbestos and rental properties, we explore the health risks associated with asbestos fibre inhalation and the legal responsibilities of landlords in managing this risk to health. We point to the two most common health and safety regulations that are referred to and used by prosecuting authorities for asbestos-related breaches. We also provide examples of the extent of asbestos use, so landlords and agents are familiar with the potential risks and are better equipped to manage their legal responsibilities involving asbestos.

Asbestos: Outlining Responsibilities – England and Wales - UKALA Discover how to manage asbestos risks and legal obligations effectively. Learn where asbestos is found and how to reduce exposure risks in domestic properties.

Tenants in Prison – England and Wales

What happens if a tenant is on remand or out on bail, with a possibility of a prison sentence? We explore the different options and possible outcomes regarding a tenancy in this situation. For example, any attempt by the landlord to take possession of the property without due process is potentially an unlawful eviction, which itself could lead to a custodial sentence. In both England and Wales, a breach of contract notice can be served if the tenant is in rent arrears, be that serious rent arrears (at least two months’ arrears) or any rent arrears in England (Persistent Late Payment).

Tenants in Prison - England and Wales - UKALA Understand the complexities of managing a tenancy when a tenant is imprisoned. Learn about legal responsibilities and practical considerations.

The second article of our two-part series on pest control looks at where the responsibilities lie in relation to pest outbreaks. We explore the scenarios where the landlord has responsibility, such as the structure and exterior of a property not being in repair, which could allow pest access.

We look at when both landlord and tenant have responsibility, namely if the structure and exterior is not in repair and the tenant’s actions are a contributory factor. There are times when the tenant has sole responsibility, and when neither are responsible due to events beyond the control of landlord and tenant.

The Problems with Pests – Part 2 - England and Wales - UKALA Learn the complexities of pest responsibility. Part 2 delves into scenarios involving landlords, tenants, nature and imported pests.

Pest season will soon be upon us. Under the Housing Health and Safety Rating System, a risk-based evaluation tool to help local authorities’ identity and protect against potential risks and hazards to health and safety in homes, pests are considered a hazard.

In Part 1 of our problem with pests’ series, we look at who has responsibility for investigating and resolving the issue of pests in a rental property in England and Wales, so a local authority inspection is avoided. We also look at what typically causes an infestation and the importance of acting promptly.

The problems with pests – Part 1 - England and Wales - UKALA Explore the responsibilities of pest control in England and Wales with our insightful two-part series. From identifying pests to understanding liability & more.

In light of a recent country court decision concerning requirements to provide installation documentation after the start of a tenancy, we return to the subject of gas safety. While the decision is not binding on other courts, given the widespread reporting of the case, we can surmise that other courts may be mindful of the decision.

Our article details what the Gas Safety Regulations 1998 say in relation to the 'Duties of Landlords.' We look at the Hastings County Court case involving a new boiler that was installed at a tenanted property, and the implications the Judge’s decision could have on landlords and agents, who may decide to change gas safety regulation practices.

An Important or Flawed Gas Safety Ruling - UKALA Understand the implications of a recent gas safety ruling affecting landlords and agents. Learn about the impact of a Hastings County Court case.

Our latest article explores Council Tax Disaggregation. On December 1, 2023, new legislation came into force which puts an end to the practice of ‘disaggregating’ houses in multiple occupation (HMOs). Instead, most HMOs in England will be treated for council tax as single dwellings.

We look at the impact these new regulations is likely to have on the larger picture of council tax liability for renting.

Council Tax Disaggregation 2023 - UKALA Stay updated on Right to Rent regulations in England for 2024. Explore recent legislative amendments, penalties, and essential guides.

In our latest article, we revisit the subject of Material Information. Following an article on the topic we wrote in March 2022, which concentrated on the stipulations of Part A, our latest piece explores what is included in Parts B and C.

B and C of the requirements require letting agents to find out and publish significantly more information in property listings. We identify what the key requirements are and their possible impacts. We recommend all agents familiarise themselves with the requirements, as failing to include information that is considered material could lead to fines and, for serious breaches, imprisonment.

To read the article in full, sign-in or join UAKA

Material Information – The Next Steps - UKALA Explore the next steps in material information for letting agents. Our latest article delves into Parts B and C requirements, outlining key insights.

In our latest article, we revisit the subject of Material Information. Following an article on the topic we wrote in March 2022, which concentrated on the stipulations of Part A, our latest piece explores what is included in Parts B and C.

B and C of the requirements require letting agents to find out and publish significantly more information in property listings. We identify what the key requirements are and their possible impacts. We recommend all agents familiarise themselves with the requirements, as failing to include information that is considered material could lead to fines and, for serious breaches, imprisonment.

To read the article in full, sign-in or join UKALA

https://www.ukala.org.uk/material-information-the-next-steps/

https://www.ukala.org.uk/material-information-the-next-steps/

Material Information – The Next Steps - UKALA Explore the next steps in material information for letting agents. Our latest article delves into Parts B and C requirements, outlining key insights.

In our latest article, we revisit the subject of Material Information. Following an article on the topic we wrote in March 2022, which concentrated on the stipulations of Part A, our latest piece explores what is included in Parts B and C.

B and C of the requirements require letting agents to find out and publish significantly more information in property listings. We identify what the key requirements are and their possible impacts. We recommend all agents familiarise themselves with the requirements, as failing to include information that is considered material could lead to fines and, for serious breaches, imprisonment.

To read the article in full, sign-in or join UKALA

Material Information – The Next Steps - UKALA Explore the next steps in material information for letting agents. Our latest article delves into Parts B and C requirements, outlining key insights.

UKALA has increased its commercial benefit offering to members by launching a new partnership for tenant referencing. Canopy is a platform and mobile app that uses market-leading technology to streamline tenant referencing whilst also providing more protection against fraud.

You can read all about the new partnership here:

UKALA launches new product offering as it reaches a milestone in membership - UKALA UKALA expands its member benefits with a new tenant referencing partnership with Canopy. Members gain access to streamlined referencing and more.

By failing to follow the official eviction process, landlord and agents can face accusations of harassment and unlawful eviction. Failure to comply with regulations can be costly and damaging, with potential fines and a criminal prosecution for the guilty party.

In our latest article, we explore how to avoid difficult issues which, if wrongly managed, could lead to a claim of harassment or unlawful eviction from a tenant. We look at the most common difficulties that can create tension between landlords, agents, and tenants, including access issues, rent arrears, uncommunicative tenants, and regaining possession. Our article also lists the legislation relevant to harassment and unlawful eviction accusations.

Avoiding Harassment and Unlawful Eviction Accusations - UKALA Safeguard against harassment and unlawful eviction claims with our expert insights. Learn how to handle access disputes, rent arrears, and possession challenges.

Damp and Mould the Proactive Approach

Following on from our earlier article which looked at the root causes of damp and mould, we set out proactive routes to managing and resolving the causes of damp and mould in affected properties.

It is vital that agents and landlords recognise that they need to properly identify and investigate any damp and mould issues, as failing to do so could develop into a serious and costly problem.

Our article explores some of the solutions in dealing with damp and mould, such as educating tenants about simple and reasonable lifestyle changes in relation to condensation. We also look at ways of managing humidity, improving or remedying gaps in the insulation of lofts and wall cavities, and the importance of adequate ventilation. We touch on how to deal with rising damp, and water leakages inside and outside a property.

UKALA members can read the article in full here.

Damp and Mould the Proactive Approach - UKALA Our recent articles, ‘Damp and Mould Understanding the Root Causes’ and ‘The Legal implications’, identified the different sorts of damp; rising, penetrating, condensation and their generic causes and the need for greater awareness, and proper investigation from what is now recognised as a p...

Minimum Energy Efficiency Standards proposals cancelled

It has been announced that the proposals outlined in the 2020 Minimum Energy Efficiency Standards (MEES) consultation are not being taken forward on the proposed time scale. The Government has failed to respond to the consultation and acknowledge what it was going to do. You can read in greater detail about what the proposals of the consultation included, and what has been cancelled, here:

Minimum Energy Efficiency Standards proposals cancelled - UKALA The proposals outlined in the 2020 Minimum Energy Efficiency Standards (MEES) consultation are not being taken forward on the proposed time scale. The proposals of the consultation, amongst other things, included raising the minimum band required to let a property, without a valid exemption, from an...

In the third part of our series on Renters Reform, we look at the lesser reported aspects of the Government’s plans to fundamentally reform the private rented sector which don’t make the headlines. We explore rent increase clauses, the issue of paying rent in advance, rules surrounding pets in a rental property, and touch on letting agents and the redress scheme under the Bill.

Additionally, we discuss the matters that were announced in the White Paper but have not made it into the Bill.

Renters Reform Update – Part 3 - UKALA In the first two articles we looked at issues concerning the loss of assured shorthold tenancies and section 21 as well as existing, new and amended grounds available under section 8. We have looked at periodic only tenancies, landlord and tenant notices and associated penalties. This article will f...

UKALA are seeking a Non-Executive Director (NED), could it be you?

As a part of our succession planning we are currently seeking a NED to help us grow further and provide fresh ideas. Ideally, we would like to recruit from our membership base for this role. The time commitment is circa 10 hours a month. If you would like to help build your Association in future years and think you have the right interest and experience to join the UKALA Board, please email [email protected] to request a full information pack.

You can read about our board members and the role they play in ensuring UKALA makes lettings’ compliance easier for our members here:

Our Board Members - UKALA Discover UKALA's board members, each contributing unique expertise to support landlords and agents. Meet our dedicated leadership team.

UKALA has had sight of the new How to rent Guide from DLUHC. The only amend is about the Housing Loss Prevention Advice Service (HLPAS) and can be found on pages 15 and 17 (which just provides a link to the website). The go live date for this version is Mon 2nd October so you must continue to use the current version until this date. For any tenancies that start on or after 2nd October for which you have already provided the current version of the guide, you must send them a copy of the new version once it has gone live on or very soon after 2nd October.

We have regularly kept members updated about the Fire Safety Act 2021 (the Act), which received Royal Assent on April 29, 2021. This Act came fully into force on 16 May 2022 in England and on 1 October 2021 in Wales.

In our latest article on Fire Safety, we look at phase 3 fire safety, which comes through the Building Safety Act 2022. The legislation follows the 2017 Grenfell Tower Fire, which caused the most serious loss of life in a single fire in the UK since World War 2.

Read the full article here:

Fire Safety Phase 3 and The Building Safety Act 2022 - UKALA Please also see our earlier articles about phases one and two of the fire safety changes here and here. This, phase 3, is a further level of fire safety legislation which is mostly due to take effect on 1 October 2023. This may cause freeholders to require letting agents to provide information on th...

As landlords have a statutory duty to ensure their properties are fit for human habitation, it is important to be aware of what factors can lead to damp and mould issues, with possible routes for prevention and cure.
In our second article in a series on the issue of damp and mould, we look at the root causes of this problem in properties.

In our latest article, we explore the main causes of damp and mould so that landlords and agents are better equipped to deal with what, if left unresolved, can have serious implications on tenants’ health.

Damp and mould - Understanding the root causes - UKALA The widely reported 16th November 2022 coroner inquest into the death of two year old Awaab Ishak who sadly died in December 2020 from ‘respiratory arrest, concluded that it was due to prolonged exposure to mould’ It also stated ‘there is a risk that future deaths will occur unless action is t...

UKALA are seeking a Non-Executive Director (NED), could it be you?

As a part of our succession planning, we are currently seeking a NED to help us grow further and provide fresh ideas.

Ideally, we would like to recruit from our membership base for this role. The time commitment is circa 10 hours a month. If you would like to help build your Association in future years and think you have the right interest and experience to join the UKALA Board, please email [email protected] to request a full information pack. The closing date for completed applications is Sunday 1st October

Damp and mould: The legal implications

Damp and mould in a home is caused by excess moisture. It is a problem that no landlord or agent wants to uncover. However, if damp and mould is identified in a rental property, it is important to act fast and responsibly, to prevent it from escalating into a serious health issue for tenants.

In our latest article, we look at the legal implications of damp and mould. We explore the causes and solutions for these unwanted problems in a home. We guide you through the consequences that can unfold if a tenant has an issue with damp and mould and it is not resolved, and why it is so important to investigate any report of damp and mould promptly.

Read the full article here:

UKALA – Damp and mould: The legal implications - UKALA Many of us are acutely aware of the widely reported 16th November 2022 coroner inquest into the death of two year old Awaab Ishak who sadly died in December 2020 from ‘respiratory arrest’, the inquest concluded that it was ‘due to prolonged exposure to mould’ also stating ‘there is a risk ...

Strong results enable UKALA to hold membership prices for the majority of members

Strong results enable UKALA to hold membership prices for the majority of members - UKALA The UK Association of Letting Agents (UKALA) has announced a robust membership result for its recent half year end which has enabled it to hold membership subscriptions in the lowest charge band, covering the vast majority of members. Membership has grown to a record high of 1200 members which is a....

Subject Access Request

Many letting agents are likely to come under the small business banner. Consequently, as per Information Commissioners Office (ICO) guidance, they should appoint a responsible person/team member to lead on data protection. They should also have an agreed process between processor and controller on how to handle Subject Access Requests (SARs).

A SAR is part of the UK General Data Protection Regulations GDPR. It is overseen and falls under the remit of the ICO.

We look, in detail, at what a SAR involves, including how to prepare in advance for such a request in a compliant manner. We map out the step-by-step process agents can follow when a SAR is received.

Read the article in full here.

Subject Access Request - UKALA Do you have a clear process for handling such requests? Do you know how long you have to respond? Do you know what information you have to provide? This article will take you through the UK General Data Protection Regulations (UK GDPR) Subject Access Requests (SAR), how to prepare in advance and res...

Renters Reform Update – Part 2

In the second part of our series on renters’ reform we look at landlord notices and how, with the abolishment of section 21, section 8 will form the only notice grounds. However, the Government has proposed new, amended and moved some grounds, although most will stay the same. Our article explores some of the biggest concerns for landlords, including the ability to get possession of the property if they need to sell it. We also look at tenant notice under the Bill, and how the proposed maximum rental period will be one month. We touch upon penalties and how there is a proposed built in penalty in Grounds 1 and 1A that stipulates that the property cannot be re-let for three months should the landlord not sell.

Read the full article here:

Renters Reform Update – Part 2 - UKALA In the first update article following the laying of the Renters (Reform) Bill before Parliament we considered that the Bill proposes that Housing Act 1988 (the Act) tenancies will be periodic and that periods of anything longer than one month will not be permitted. We also considered the proposed lo...

Renters Reform - An Update

We ran a series of three articles in July and August 2022 around the proposals put forward in the white paper entitled ‘A fairer private rented sector’. These articles are available in the News section of the UKALA website. As a result of the Renters Reform Bill now having been laid before Parliament we will update you on the current position.

Read the article in full here:

Renters Reform - An Update 🏠 The Home Office guide Check your fire safety responsibilities under Section 156 of the Building Safety Act 2022 - GOV.UK (www.gov.uk) was published last week. This guidance is for people who have responsibilities under the Regulatory Reform (Fire Safety) Order 2005 which has been amended by Section....

On Jun 6, 2023, the Welsh Government issued a Green Paper consultation known as Securing a path towards adequate housing including fair rents and affordability.’

The main focus of this Green Paper is to seek views (and evidence) in respect of how to achieve fairer rents in the private rented sector, particularly measures that could provide greater affordable choice for those on local (or lower) incomes. From which the Welsh Government will consider what if any measures going forward including a version of rent control they may propose next year

This consultation ends on 15th September 2023.

Find out more about the Green Paper Consultation here:

Welsh Government Green Paper Consultation - UKALA The Welsh Government issued on 6th June 2023 a Green Paper consultation titled ‘Securing a path towards adequate housing including fair rents and affordability’. This consultation ends on 15th September 2023. The main focus of this Green Paper is to seek views (and evidence) in respect of how to...

Evolving legislation means that agents must be vigilant when making visits to rental properties. It is important that agents and landlords are aware of rules involving property visits. Our second article in a two-parter on the topic of property visits considers what landlords and agents need to check and look for both internally and externally when they visit a rental property. We also look at how to deal with the outcome of the visit and how to report the findings to the landlord.

Have a read of the full article here:

Property Visits - Part 2 - UKALA In the first Property Visits article we considered issues around reasons for carrying out property visits or, as we suggested, maybe even a ‘Customer Service Visit’. We also considered the frequency of visits and the taking of photographs. In this second article we will consider what to check an...

In our latest article we look at Property Visits, in which the landlord or their agent have the right to visit a rented property to inspect it for the purpose of viewing the condition of the home and state of repair. The right is permitted through the Landlord and Tenant Act 1985.

We look closely at what the visit can and should entail, why such visits are needed, and how often they should be carried out. Our article also explores the law involving taking photos during a tenancy, and whether landlords need written consent.

Look out for our second article of Property Visits, where we will consider further elements of what landlords or agents should look for during a periodic visit to a tenanted property.

Property Visits Part 1 - UKALA Section 11(6) of the Landlord and Tenant Act 1985, and similar legislation in Wales, permits the landlord, or their ‘agent’, the right to visit a rented property to inspect for the purpose of viewing the condition and state of repair. An ‘agent’ in this context may be the letting agent but t...