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The harsh regulatory requirements imposed on landlords granting ASTs means that landlords need to fully aware of their obligations before the commencement of the tenancy.
The consequences of non-compliance can be severe. For example, landlords may be prohibited from removing a tenant under section 21 of the Housing Act 1988, leaving the section 8 procedure as the only means of eviction. Section 8 stipulates that a landlord provides grounds for terminating the tenancy in the notice to the tenant, which needs to show that the tenant has breached the conditions of the tenancy agreement. This heavy burden on the landlord invites dispute with the tenant and can lead to significant costs.
The Tenant Fees Act 2019 (‘TFA’), which came into force on 1 June, requires landlords to limit their fees to those prescribed by Schedule 1. The TFA imposes heavy fines for each breach and even criminal sanctions if another breach is committed within five years of the previous contravention.
The following checklist, although not exhaustive, serves as an overview for landlords to ensure compliance with their significant regulatory burden: