Upad have launched a brand new service for landlords: the Tenancy Compliance Service. We all want to stay on top of our legal responsibilities as landlords and our new service will make this easy and simply.
Why is compliance important?
The Deregulation Act 2015 brought in changes for assured shorthold tenancies. To be able to serve a Section 21 (no fault) eviction notice, landlords must now serve certain documentation to a tenant before a tenancy begins. These documents include;
- How to Rent guide
- Gas Safety Certificate
- Energy Performance Certificate (EPC)
- Deposit Registration Certificate and Prescribed Information
The Act also means a landlord cannot serve a Section 21 notice during the first 4 months of a tenancy and eviction proceedings must be issued within 6 months from the date of service.
If you don’t serve these documents to your tenant, you will be unable to serve a Section 21 eviction notice. You may still be able to serve a Section 21 notice by subsequently serving the How to Rent guide and EPC. If you fail to serve a Gas Safety Certificate or check the smoke alarms on the day a tenant moves in, you may be liable for a fine of up to £5000. If a deposit is not registered or the certificate and/or Prescribed Information are not served within 30 days of receiving a tenant’s deposit, you could be liable for a fine of 1-3 times the deposit amount as well as returning the tenant’s deposit in full.
How to stay compliant?
As with most landlord legislation, the burden of proof will always be a landlord’s responsibility. This means that just serving the documents to tenants is not enough, you must be able to prove they were served. Documents can be served to a tenant electronically, by recorded post or in person. If possible, a signature should be obtained from the tenant/ tenants to agree the documents have been seen.
Documentation for any tenancy should be kept in one place to ensure they are not lost and to refer back to should a landlord need to. Any signed documents should also be kept with the documents.
How can Upad help you stay compliant?
With Upad’s Tenancy Compliance Service, we collate the required documents online and serve them to tenants on behalf of landlords. We’ll provide the most up-to-date version of the gov.uk How to Rent guide for you. Unless you have already purchased, or are going to purchase, a Gas Safety Certificate or EPC from Upad, you will need to upload these documents. Once you have registered a tenant’s deposit, you can then upload the Deposit Certificate and Prescribed Information. If you would like Upad to register the deposit you can purchase the Tenant Sign-Up Service and the documents will be uploaded for you.
Once the Tenancy Compliance Service has received all required documents, we’ll serve them to your tenants electronically. We’ll require a signature but if a tenant doesn’t sign, you can still be safe in the knowledge that the Tenancy Compliance Service is proof that the documents have been served. Which means in the event of Section 21 eviction proceedings, you’ll have all the proof you need that you have been legally compliant.
All the documents in the Tenancy Compliance Service will remain on your account related to the property and tenancy, which means you can access those documents at any time and keep them as a record.
Use any advertising package that includes our Tenancy Sign-up Service and benefit from our FREE Tenancy Compliance Service.