Fuel Poverty call for targeted Warm Homes support

The Fuel Poverty committee has called on the government to support lower-income landlords with extra support from £5 billion Warm Homes Fund managed by the Government.

It claims that lower-income landlords could struggle more to improve the energy rating on their properties by the cut-off date of 2030, which will impact fuel-poor tenants. They want the government to produce incentives that are targeted to specific landlords.

They say

Targeting lower-income landlords will enable retrofit work to be completed that may not otherwise have been possible.

There is also concern that, without a targeted approach to support upgrade work, many of the rented homes will not be upgraded, which will severely impact the supply of rental properties on the market.

Non compliant landlord added to Rogue Landlord Database

A rogue landlord who failed to deal with serious safety hazards and had no relevant licenses has been fined £13,936.  The council state that they will now follow up getting him added to the Rogue Landlord Database.

The database is used to record landlords and property agents who have committed serious housing offences, and as the landlord did not attend the hearing, he was convicted in his absence.

Christian Hogg, Cabinet Member for Regulatory Services, added that they ‘will take appropriate action under the range of powers available to them’.

Government hints at re-hauling deposit schemes

The government has hinted that it is considering removing the option of insured deposit schemes (where the landlord or agent holds the funds subject to statutory safeguards) as this gives an  ‘inherent power in balance’ according to Matthew Pennycook, Housing Minister. He also claims that it is easier for fraud leaving the tenant exposed.

Custodial schemes (where the deposit is held by the scheme provider) could be the only way forward, according to Eddie Hooker, CEO of MyDeposits, he says

The wider question is whether the government believes the benefits of a single custodial approach outweigh the loss of choice currently available to landlords and agents. For now, the minister’s answer should be seen as a signal rather than a decision.

He adds that this is a clear indication of what the government could be considering next regarding the ‘future of tenancy deposit protection’.

An interesting post from landlord advisor Julie Ford says that there are problems with the insured model as

• Agents can use the money to  bankroll their business
• If they then collapse the deposit money is often missing (meaning landlords have to refund the deposit scheme if they pay out to tenants), and
• There is no standardisation for adjudications

Concluding

The government is right to explore reform but the real opportunity isn’t just in who holds the money.

It’s in ensuring the system that governs it is genuinely fair, consistent, and fit for purpose.

Snippets

Quarter of tenants served eviction notice ahead of new rules
Large social landlords must publish electrical safety checks data
Pet rentals carrying a premiums up to £1,300
Landlords face £40,000 fines for misuse of possession grounds
Agents call for tax breaks to help landlords meet EPC targets
Labour reveals revolutionary changes to buying, selling and agents
The Guardian: Giles Peaker obituary

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

Someone, maybe but not necessarily a letting agent, takes over control of the property by signing up as your tenant, paying you a guaranteed monthly rent. Whether or not the property is tenanted.

What could be easier or more convenient?

Unfortunately, as is often the case, the easy answer is not necessarily the best one.

In fact, rent-to-rent can be extremely risky.  Things have been made even worse (for property owners) by the Renters’ Rights Act.

The situation pre Renters Rights Act

Rent-to-rent has always had the potential to be problematic. For example, in the video here, recorded in 2018, solicitor David Smith points out that:

• The property owner has little say in what goes on in their property – effectively, they have lost control
• Some people offering this service don’t really know what they are doing or
• They may even be actual rogues or criminals
• If you are asked to sign an agreement provided by them, it could be very prejudicial to you
• You don’t have the various protections that you have when using an agent. For example, the consumer rights rules will not apply, and you may not be able to use the agent redress scheme (as they are not acting as your agent).

The situation post Renters Rights Act

‘Rent to rent’ arrangements have been targeted by the government when drafting the Renters Rights Act, as this arrangement has, in the past, often been used by crooks and criminals.

For example, a criminal property owner will rent to a limited company with no assets. In the past, this would mean that even if tenants obtained a financial award against the landlord (for example, a Rent Repayment Order), they would not be able to recover any money.

Because the property owner (who has the assets) is not their landlord.

This was the decision in the important case of Rakusen v. Jepson.

However, the Renters Rights Act has changed this, and now tenants CAN bring a claim against property owners. For example, this could be

• If their landlord has failed to obtain an HMO license (rent-to-rent is frequently used in an HMO context)
• If the property is in poor condition, or
• Occupiers have been unlawfully evicted or
• Been subject to harassment

So now, property owners in a rent-to-rent situation

• can be fined by their Local Authority for breaches and offences, AND
• Ordered to pay Rent Repayment Orders made in the First Tier Tribunal

Even if the problem is not caused by the property owner.  They are still potentially liable.

This can be very expensive.  Say the property is an HMO and your tenant (the occupier’s landlord) fails to obtain an HMO license.  You can be fined by the Council, AND your tenants can claim against you for a rent repayment order for up to 2 years’ worth of rent!

Then, if the intermediate tenant walks away or becomes insolvent, the property owner may suddenly find themselves dealing directly with the occupiers.

Recovering possession may be far more difficult than you might expect, particularly now that Section 21 has been abolished.

If you decide to proceed with a rent-to-rent arrangement

My advice is ALWAYS to obtain legal advice from a specialist solicitor first. For example, one of the panel solicitors on our telephone advice service.

You may be safe entering into a rent-to-rent arrangement with a reputable organisation such as a Local Authority, University or College. Or maybe a housing charity.

However, don’t count on it.

I have had landlords tell me about horrendous experiences they have had with one of these organisations. So always get advice first, particularly on any form of tenancy agreement which the rent to renter is asking you to sign.

And finally

My advice, though, if you want to carry on being a landlord without the hassle, is that you are far better off using a reputable letting agent.

Mind you, not all letting agents are good either, but there are some fantastic agents around. You just need to search for them.

You will also be much safer using an agent, as they should all now be signed up with an Ombudsman service. And so long as you are not acting through a limited company, you will have the benefit of the consumer protection legislation.

Apparently, initially, the landlord told the tenant that she must not make any pet requests, saying “one-bedroom flats are too small for pets”

Something plainly untrue – many years ago, I kept my cat in a studio flat without problems.

Unlawful conditions for keeping a cat

The landlord’s agents (who should have known better) then apparently granted permission, but on condition that

• She took out pet damage insurance and
• Agreed to have the property professionally cleaned using the landlord’s chosen contractor at the end of the tenancy.

Both of these are clearly in breach of the Tenant Fees Act.

The insurance condition

When the Renters Rights bill was going through Parliament, it initially included an exception to the Tenant Fees Act that would have allowed landlords to require tenants to pay for pet damage insurance.

However, this was dropped when the government was informed, during the bill’s passage through Parliament, that no such insurance currently existed.

So landlords will now have to look to their own insurance to cover damage. They can’t require tenants to pay for this.

The end-of-tenancy cleaning condition

This is clearly in breach of the Tenant Fees Act, which limits the fees that landlords can charge their tenants.

A standard charge for end-of-tenancy cleaning is not one of the charges permitted under the Act.  I am surprised that the agents were unaware of this.

However, there is a way around this. Although landlords cannot impose a set charge, they can charge for cleaning if the property can be proved to be dirtier than it was at the start of the tenancy.

In order to be able to claim this, the landlord will need a detailed inventory agreed by the tenant at the start of the tenancy, which clearly states that the property has been professionally cleaned.

Retaining the receipt for this work is also advisable.

Then, when the tenant vacates, if a detailed check of the property shows that it is in a dirtier condition than it was when the tenant moved in, this may justify the landlord charging the tenant for the reasonable costs of a professional clean.

The fair wear and tear exception to landlords’ claims for damage does not normally apply to claims for cleaning.

So it is not right to say that landlords cannot charge tenants for professional cleaning at the end of the tenancy. However, in order to claim it, they need to prove that they are entitled to it.

And finally

This all goes to show that the Renters Rights Act and the Tenants Fees Act do not prevent landlords from making valid claims, for example, regarding pet damage.

Although blanket bans and automatic cleaning charges are no longer allowable, landlords can claim compensation if they are able to prove that they have suffered genuine loss.

However, to do this, they need a properly drafted tenancy agreement, a detailed inventory, and documentary evidence of detailed check-in and check-out inspections of the property at the start and end of the tenancy.

See this post, which has further guidance for landlords.

Government rejects additional HMO legislation

Housing Minister, Matthew Pennycook has stated that councils have ‘sufficient tools to manage HMOs on a local level’ following a petition from one MP asking for additional legislation to prevent the loss of family homes to HMO dwellings.

The petitioners claim that a rise in HMO properties is having a detrimental affect on their communities with parking issues, anti-social behaviour and extra demand on local services.

Matthew Pennycook said that councils can limit HMO numbers through Article 4 Directions which would entail planning permission and that residents should raise their concerns directly with their local planning authority.

Guidance on lets with pets

Dogs Trust has issued some helpful guidance for landlords when considering tenants that have pets now that they cannot unreasonably be refused a pet following the Renters’ Right Act.

They say that the primary concern is that the pets needs are met, such as sufficient exercise space, place for its bed and food. Use of baby gates and barriers for it to have its own space. They also add

The number of dogs in a property may be relevant to welfare, but cases where a person owns multiple animals should be considered on a case-by-case basis, taking into account the property layout, the owner’s experience, and the individual needs of the dog being rehomed.

You can read more here.

Interestingly, there is a report of Advocats helping a tenant challenge her landlords who was only minded to allow a pet if she took out pet insurance and have the property professionally cleaned with the landlord’s chosen contractor when she vacated.

Jen Berezai of Advocat helped the tenant draft a response pointing out that these conditions did not comply with the new rules on pets under the Renters Rights Act.  After which permission was granted.

Warning to landlords renting to friends or family

A survey by Hiscox found that almost 2/3 of landlords have rented to someone that they knew but 18% of those did so informally.  Thankfully that is a minority but it is still a large number of landlords.

Renting to family and friends is still renting, and renting is now even more bound by rules and regulations.  Failing to comply can result in big problem and fines.   When I did eviction work, several of my cases involved situations where an informal let to a friend or relative had gone wrong.

Hiscox has made the following very sensible recommendations when renting to someone you know:

• Always use a written tenancy agreement.  Not only is it important to have a document setting out your agreement, but you can now be fined if you don’t.
• Always conduct safety checks. For example, gas and electricity.
• Do right-to-rent checks.  The fines are so horrendous if the Home Office find that your tenant does not have a right to rent, that you really do not want to risk this.
• Protect the deposit.  If relations break down, not only will you be unable to evict them if you don’t, but they will be able to claim the penalty.
• Carry out an inventory.  The fact that they are a friend or relative does not mean that there will be no arguments about damage when they leave!
• Check your insurance and comply with any conditions they impose.  Otherwise, your insurer may be able to refuse claims.

My advice would be to think very carefully before you rent to family or friends.

Snippets

Planning rules changes for HMOs set to be approved
Agents warned that Renters Rights Act will create more tenant complaints
Landlord rental income surges by £16,000 to a record high
London council bans three rogue landlords
Why do so many landlords distrust agents?

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

A rise in Guarantor demand

A higher proportion of tenants, one in two, are now more likely to fail the affordability checks now that the Renters Right Act is law. This is also because large amounts of rent in advance can no longer be accepted.

The average monthly rent now sits at £1438 and a tenant would need to be earning £43,140 to pass the affordability checks.

Average earnings falls below this amount at £41,859. Out of the 288 local authorities 19.8% of tenants are probably going need a guarantor.

Sam Reynolds of Zero Deposits said

We expect guarantors to become an increasingly common requirement for renters who fall outside standard affordability criteria, particularly younger tenants, overseas applicants, self-employed workers, and those moving to high-cost rental areas.

You can read more here.

Landlords falling short of compliance – claim

A survey by Rushbrook & Rathbone claims that only 32% of tenants are confident that their landlord or letting agent is fully compliant post Renters Right Act. Out of 1,105 tenants that they surveyed 42% say that there are some compliance standards that are not met by their landlords and 26% have no idea if their letting agent or landlord is compliant with the new Act.

40% of these tenants think that their homes meet the correct standard  and 91% have not noticed any significant changes or improvements since the Act came into force.

Roma Sharma of Rushbrook & Rathbone said

For property managers, this is a clear moment of accountability. Those who fail to communicate transparently and act decisively risk falling short of both their legal obligations and tenant expectations.

Social Housing Landlords told to tackle excessive heat

All social housing landlords have to adhere to Awaab’s Law, and now the government are bringing in phase two which will include dealing with excess heat and excess cold. Research from the English Housing Survey found that in 2024 10.6% of social housing reported at least part of their home were ‘uncomfortably hot’.

Matthew Pennycook, The Housing Minister said the next phase of Awaab’s Law which comes into force in June will provide councils with a more intuitive way of assessing hazards such as excess heat in properties.

This comes as a case thought to be the first of its kind, where residents are claiming that their homes are ‘not fit for purpose, with indoor temperatures reaching 43 degrees celsius in the summer’ and are taking action against their housing association for excessive heat under the Homes (Fitness for Human Habitation) Act 2018.

You can read more here, but the chief executive of PA Housing said that the building meets relevant planning and building regulations at the time.

As our climate is changing, is this the first of more claims under excessive heat.

Another rogue landlord hit with huge penalty

We read this week that another landlord has been hit with a huge £17,500 civil penalty fine following enforcement action from South Gloucestershire Council. The landlord ignored previous notices to improve category 1 hazards within the property such as electrical hazards, structural issues and health and safety hazards.

The council said

Landlords have a legal duty to ensure their properties are safe, and where they fail to do so, we will not hesitate to use the full range of enforcement powers available to us, particularly where there is a history of non-compliance and tenants’ health and wellbeing are at risk.

Snippets

Housing Ombudsman warns social landlords over window disrepair
Landlord crackdown must be funded by fines, warns council
Letting agents engaging in ‘illegal and shoddy practices’
A place where everyone has somewhere of their own, to thrive and feel safe – this will be my politics of home: Keir Starmer
EPC deadline at risk without greater landlord support, warns NRLA
Government rejects plea to curb HMO conversions
City has hundreds of unused student rooms

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

Call on the government to raise LHA

The percentage of older renters continues to grow and it is this group that are spending more than a third (35%) of their income on housing costs and for those on the lowest income this increases to 48%.

Independent Age are now calling on the government to raise the Local Housing Allowance (LHA).

They say that rent for those on the lowest income is officially classed as ‘unaffordable’, the Renters’ Right Act does not address rent costs and the government needs to increase the LHA so that it will help those on lower incomes. It has been frozen for two years, and rents have increased by 10.5%, which makes renting unsustainable.

Landlords 31st May deadline – Act now

Landlords are being warned that their deadline is fast approaching for ensuring that their tenants have been given the Renters’ Right Act new Information Sheet by 31st May (this coming Sunday) or risk a fine of up to £7000.

Richard Offenbach, founder of Leasesafe said

The three patterns we keep seeing aren’t bad-faith landlords cutting corners. They’re good landlords applying the old playbook to a new framework.

Who should serve the information sheet?  Landlord or agents?

There is quite a lot of confusion about whether the landlord or the agent, or both (!) should serve the government’s Information Sheet, which needs to be served on all existing tenants as at 1 May 2026.  This probably comes from the government guidance, which says

If you are a landlord and have a letting agent who manages the property on your behalf, then the agent must provide the Information Sheet to the tenant, even if you have also provided it.

However, what the government guidance does NOT say is that if the agent has served the Information Sheet, the landlord has to do so too!

My advice is:

• If you self-manage it is up to you to serve it.  If you have not done so yet – serve it NOW!
• If you use letting agents, it is their job to serve the Information Sheet for you.  So if you are not sure if they have done this yet, ring them up and ask them.
• If the agents have served it, then you do not need to do anything.
• If you can’t get a proper answer from your agents and/or you suspect they have not served it, go and serve it yourself.  At least then you will not be at fault, and if anyone is fined by the Council, it will be your agents and not you.

See also my blog post here.

The Government data gathering project

There are various reports of a big data gathering drive by the government to assess how their reforms are going, and to also monitor how the courts are coping.  Saying

These data sources will enable the department to monitor how disputes, possession activity and rent challenges are changing over time, identify pressures emerging in the tribunal system, and assess whether reforms are improving access to justice and fairer outcomes in the private rented sector.

This follows criticism that they have no idea what is going on in the sector or in the courts, making it hard for them to make proper decisions.

There will also be a lot of information available when the new PRS Database comes on board, plus Local Authorities are going to be required to submit information about their enforcement work.

It’s about time, though, that some attention was paid to the PRS.  Under the Tories in years past, ‘renting’ was a bit of a dirty word in government circles, and they were only interested in owner-occupiers.  Mainly because owner occupiers were perceived to be more likely to vote conservative, whereas renters were more likely to vote Labour (in which case, ran their thoughts, why bother about them?).

Mind you, I suspect a lot of information will also be passed over to HMRC for tax purposes …

Snippets

Landlord looses appeal and is hit with £9000 fine
Shock court ruling puts late-served Section 21 at risk
The fine line between enforcement and income generation
EPC Targets – many landlords are closer than they think
Cash-strapped tenants at risk because of Renters Rights Act – poll

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

Welsh landlords must prepare for new law change

From 1 June 2026 landlords in Wales will not be able to discriminate against tenants who have children or are in receipt of benefits.

They must update their standard occupation contract accordingly and serve notice on existing tenants by 14 June 2026.

Failure to do this will entitle existing tenants to claim up to 2 months’ worth of rent as compensation (which they can offset against their rent).

Tim Thomas of Propertymark said

 These changes may create additional administrative pressures for landlords and agents, particularly given the requirement to update existing occupation contracts or issue statements of variation within relatively short timescales.

It is also thought that Wales are considering ending the ‘no fault’ eviction and rental bidding wars.

Note that we have guidance for landlords on the contract update and notice over on the Landlord Law News Blog.

Landlords favour vaping over smoking

New stats out this week from Northerner claim that landlords prefer to rent to vapers rather than smokers, with landlords stating that they get fewer incidents with vapers than smokers.

Landlords react more harshly to issues arising from smoking breaches (39%) compared to vaping breaches (30%). Smoking costs a landlord £107 per property compared to £102 for vaping costs such as cleaning and deodorising. However, some landlords have reported that smoking can cost as much as £500 in repairs.

Landlords are advised to have clear guidelines for tenants when it comes to smoking in a property.

Immediate fines for landlords from councils

Landlords must be proactive in managing their properties now that councils have more powers. They, we have been told, will fine with no warning or issuing of an advisory notice, and as penalties can be as high as £40,000 for serious breaches and can in some circumstances issue more than one fine.

Landlords should not underestimate their obligations and should try to stay compliant at all times.

Although Local Authorities are obliged to send landlords a Notice of Intent before issuing a civil penalty notice, the time available to landlords to obtain guidance is limited.

Phil Turtle of Landlord Licensing & Defence said

Do not wait until you receive a notice. Understand your obligations now, get your compliance records in order, and know who to call before you need them.

Landlords warned to act now for EPC upgrades

Now that the dust is settling on the Renters Rights Act, landlords are being warned to act sooner rather than later on EPC upgrade work well before the EPC C deadline of 2030.

The Mortgage Works claims that only 33% of landlords have a solid knowledge of what it will cost to upgrade their properties and 63% have no idea what the cost would be to get their properties up to an EPC C.

33.8% of rental properties are still under EPC C and the company is advising landlords to start preparaing and planning now as lead times can be long for upgrade work such as windows and damp work.

Acting now can also help with better availability and pricing.

Mike Donaldson, managing director said

A full upgrade can meaningfully improve an EPC rating, eliminate the condensation that leads to damp and mould, and reduce a tenant’s bills. For landlords, that’s one conversation that solves three problems at once.

Landlords also need to have Awaab’s Law on their radar.  This is due to come into force in 2027 for the private rental sector.  It will require landlords to fix damp and mould issues within specific legal timescales.

Snippets

Business-like landlords flourish in post-reform PRS
Council and court case ends with landlords fined just £369
One to one sessions for landlords to pay licensing fee
Andy Burnham: rogue landlords should be ‘three strikes and out’
Record numbers of UK renters crowdfunding to cover bills
What tenants want most in their home – and what they will pay more for

See also our Quick News Updates on Landlord Law

Newsround will be back again next week.  In the meantime – enjoy the Bank Holiday!  It looks as if, for once, we will have good weather.