New rental register: What farm landlords need to do
© Adobe Stock Compliance with the Renters’ Rights Act (RRA) steps up a gear on 15 December when private rented sector landlords must begin registering themselves and their properties on a government database.
The system is being rolled out regionally across England over a year, starting with the West Midlands.
Properties must be registered within three months of each regional start date by all landlords actively letting property in England on a Housing Act tenancy (an assured or regulated tenancy).
Registration can be online using a Gov.uk One Login or on paper, and joint landlords must all register, as must any organisation renting out properties.
See also: How rural residential landlords can prepare for changes in letting law
Landlords unprepared
Registration represents a big change and many private rural landlords are unprepared for it, warns Lucie Allan, head of lettings at rural agency Batcheller Monkhouse.
“The information is out there and if you are used to digital systems, that’s a good start.
“But the administrative burden is larger than many expect and it takes 20-30 minutes to upload the information for each property, not the 10 minutes the government suggests,” says Lucie.
She also points out that registration of landlords and their tenancy information has to be repeated every year.
Landlords should ensure they are compliant well before the rollout for their region, she advises.
This includes ensuing all safety information such as gas and electrical safety certificates is in place, alongside energy performance certificates (EPCs).
Penalties and enforcement
The penalties for non-compliance are astronomical, Lucie warns.
Failure to register a landlord and their property can result in a charge of up to £7,000, with a penalty of up to £40,000 where false or misleading information has knowingly or recklessly been provided, or where there has been continuing or repeated breaches of certain related requirements.
In addition, once the registration requirement is effective in a region, tenants will be able to apply for Rent Repayment Orders worth up to two years’ rent, following certain landlord breaches of the RRA.
Local authorities are responsible for enforcement action. Properties may not be advertised online without registration.
What information is required by the database
- Property details (for example address, number of bedrooms, current rental status)
- A correspondence address in England or Wales
- Contact details for any managing agents, superior landlords and freeholders.
The £65 per property registration fee can be paid and a rental property number allocated once the above is provided.
Landlords then have up to 28 days to provide further information, including:
- Evidence of gas safety certificate if there is a gas supply
- Evidence of electrical safety certificate
- Evidence of an energy performance certificate
- Tenancy information, including rent
- Any licences, such as a house in multiple occupation (HMO) or other licences
Landlords must start the registration and are responsible for meeting the requirements, but once a registration number is issued and the property is occupied, a letting or property manager can provide the tenancy and compliance certification.
Even where this has been delegated to an agent, the landlord is still responsible for ensuring the property record is completed within 28 days of its registration.
In limited circumstances, a third party may be able to register or update a property on behalf of a landlord – for example, when a landlord has died or is incapacitated.
Fee for the service
The fee of £65 per property (no VAT) is an annual charge and is a tax-deductible business expense.
Annual renewals will take place a year from when a landlord registers their first property, with all properties for that landlord having the same renewal date, so where these are for less than a full year, the charge will be adjusted.
How data will be used
Landlord and property information will not initially be shared publicly. However, the government will publish some database information for public access in future.
Ombudsman in 2028
Once the database launch is complete, a new ombudsman service for the private rented sector will be introduced in 2028.
Following this, further changes under the RRA will focus on raising private rented sector standards, so that privately let properties must meet an EPC rating of C by 1 October 2030, or have a valid exemption
A decent homes standard will be introduced by 2035. Consultation is also under way on the application of Awaab’s Law to private rented accommodation.
This came into being following the death of two-year-old Awaab Ishak, who died as a result of living in damp and mouldy social housing.
