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JCT Minor Works 2016 – what it means for Landlords

One of the key changes was the amendments to the insurance provisions, particularly in relation to JCT Minor Works clause 5.4C, which has addressed an issue that has long been a concern for tenants, and their contractors, wishing to carry out works in a multi-let property.

The amendments allow far greater flexibility in the type of insurance put in place, especially where existing structures cover for the Contractor is not readily available to the Employer at a reasonable cost; such as where the Employer is a domestic homeowner or where he is only a tenant and the structures cover is effected by the Landlord.

Commercial landlords can expect more requests from tenants for the landlord to provide insurance cover for tenants’ fit-out contractors.

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Right to Rent checks – Landlords and Letting Agents beware!

From 1 December 2016 landlords need to check tenants right to rent and comply with new provisions concerning illegal immigrants.

Whilst some of these new provisions are welcomed, others may be of concern to landlords.

Previously if a landlord found that an existing tenant is an illegal immigrant they could not evict them from the property but the new provisions do allow landlords to evict such tenants more easily, and, in some circumstances, without a court order.

However, Landlords should also be aware that the new provisions also introduce four new criminal offences.

Landlords that fail to conduct “Right to Rent checks” or who fail to take steps to remove illegal immigrants from a property can face:-

  • unlimited fines
  • up to five years’ imprisonment
  • sanctions under the Proceeds of Crime Act if convicted
  • in addition to a civil penalty of up to £3,000 per illegal immigrant for tenancies that already exist.

Whilst the government has made clear these new criminal offences are aimed at rogue landlords and letting agents that exploit migrants it is recommended that all landlords and agents should review their procedures to ensure that they are performing adequate checks on potential tenants and to ensure adequate status checks have been performed in respect of existing tenants.

Government guidance on Right to Rent can be found here

Landlords are you ready for the new energy rules?

From April 2018 in England and Wales it will be unlawful for a landlord to let commercial property with an EPC rating of F or G, unless an exemption applies; and from April 2023, the restriction will apply to all lettings, including existing lettings.

For landlords, freehold investors, developers and lenders this new legal standard brings threats but also opportunities.

The most obvious threat to landlords is the financial cost of upgrading non­compliant buildings and the potential loss of income if a property cannot be rented out. The provisions in existing leases may affect the statutory obligations of landlords under the MEES Regulations and may affect the position of the Landlord in dealing with the MEES Regulations.

There are, however, opportunities for landlords to engage with tenants to enter green leases where the environmental management and costs of the property, such as energy efficiency improvements and utility bills, are shared for the benefit of both parties and to explore the potential to increase rental and asset value through making energy efficiency improvements and combining these with other refit upgrades.

Landlords can prepare now by auditing their portfolios to understand which properties are within scope of the MEES Regulations and whether exemptions might apply, carrying out energy assessments to check whether the EPC ratings for their properties are correct understanding how lease terms, break dates, renewals dates and planned refit periods fit with the MEES timetable above and reviewing their leases to understand their rights.

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