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Taking on a New Portfolio: How Rental Compliance Has Changed Over the Years

Oct 16, 2024

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Recently, we’ve had the opportunity to take on several new property portfolios from clients who have decided that now is the right time to hand over the management of their rental properties. With portfolios of over 20 properties each, these landlords are looking to ensure that everything is fully compliant with today’s increasingly complex rental regulations.

One of the first tasks we face when taking on a new portfolio is reviewing the existing tenancy agreements and documents. Many of these properties were rented out under agreements made in the late 1990s or early 2000s—back when the legal requirements for landlords were much simpler. These older agreements serve as a reminder of just how much the private rented sector (PRS) has changed over the years.

Let’s take a closer look at what’s involved in bringing older rental agreements up to today’s standards and why ensuring compliance is more important than ever.

A Look Back: Tenancy Agreements in the Late 90s and Early 2000s

When reviewing older tenancy agreements, it’s clear how much the legal landscape has evolved. Tenancies created 20 or even 10 years ago often lack the detailed provisions we now take for granted, and the documentation is much lighter in terms of what was required.

In the late 90s and early 2000s, landlords had fewer obligations regarding tenant safety, information, and rights. Some of the things that were often overlooked or weren’t even required at the time include:

  • Gas Safety Certificates: Although required by law since 1998, older tenancy agreements don’t always include proof that a valid Gas Safety Certificate was issued before the start of the tenancy.
  • Electrical Safety Checks: Regular electrical inspections only became mandatory in recent years, meaning older properties might not have undergone proper checks.
  • Deposits and Prescribed Information: Before the introduction of deposit protection schemes in 2007, it was common for deposits to be held by landlords without any formal protections in place. Many older tenancies also lack evidence of prescribed information being given to tenants.
  • Energy Performance Certificates (EPCs): EPCs were introduced in 2008, so older tenancy agreements often predate this requirement.

While these older agreements may have been sufficient at the time, today’s rental market is far more regulated, and landlords have much more to manage in terms of compliance.

Bringing Portfolios Up to Modern Standards

When we take on a new portfolio, one of our first tasks is to thoroughly review every tenancy agreement, ensuring that all the necessary paperwork is in place and compliant with current regulations. This often means going through years of documentation, and in some cases, identifying where things may have slipped through the cracks.

Here are a few of the key compliance checks we focus on when bringing older portfolios up to date:

  1. Gas Safety Certificates - We ensure that a valid Gas Safety Certificate is provided to tenants before the start of the tenancy and renewed annually. This is a critical piece of compliance that has become far more stringent in recent years. If a certificate wasn’t provided at the start of the tenancy, it could affect your ability to serve a valid Section 21 notice.
  2. Electrical Installation Condition Reports (EICR) - Electrical safety checks are now mandatory every five years for all rental properties. When taking over older portfolios, we review whether an EICR has been completed, and if not, we arrange for one to be done promptly.
  3. Deposit Protection - Since 2007, deposits must be protected in an approved scheme, and the prescribed information must be provided to tenants within 30 days of receipt. When dealing with older agreements, it’s essential to ensure that all deposits have been correctly protected. If the deposit wasn’t protected on time, this can expose landlords to penalties and restrict their ability to regain possession of their property.
  4. Energy Performance Certificates (EPCs) - For tenancies started after 2008, an EPC must be provided before the tenancy begins, and the property must meet a minimum EPC rating of E. When reviewing older agreements, we ensure that the correct EPC rating is in place and check for upcoming EPC Band C requirements that will apply by 2030.
  5. Providing the “How to Rent” Guide - The “How to Rent” Guide must be provided to tenants at the start of any new tenancy. This guide is regularly updated, so ensuring the latest version has been given to tenants is crucial for maintaining compliance.

Why Compliance Matters More Than Ever

The introduction of the Renters’ Rights Bill and other legislative changes means that rental compliance is under more scrutiny than ever before. As landlords take on new responsibilities, ensuring that all documents and procedures are in place is essential—not only to avoid penalties but also to provide a safe and secure environment for tenants.

When we take on new portfolios, we often discover that while the properties themselves are well-maintained, the paperwork doesn’t always meet current standards. This is particularly common in properties that have been rented out for decades, where tenancy agreements have simply rolled over year after year.

By working with a professional letting agency, landlords can rest assured that every detail of their rental business is compliant with the latest legal requirements. Our role is to go through all the files, spot any potential issues, and resolve them before they become a problem.

The Future of Property Management

Taking on a new portfolio always involves some detective work—especially when it comes to older agreements—but it also provides a valuable opportunity to bring properties in line with today’s regulations and avoid any future legal complications.

For landlords, the rental landscape has changed dramatically since the 90s and early 2000s. What was once a straightforward process now requires careful attention to detail, particularly when it comes to compliance. That’s where a professional property management team comes in. By ensuring every certificate, inspection, and piece of documentation is in place, we help landlords stay on the right side of the law while protecting their investment.

If you’ve been managing your portfolio independently and are considering handing over the reins to a professional agency, such as Property Genius, now could be the perfect time. We can help you review all your agreements, get your paperwork in order, and ensure your properties are fully compliant with today’s regulations.

Conclusion: Staying Compliant in a Changing Market

The rental market has come a long way since the days of simple tenancy agreements and minimal legal obligations. Today, landlords have far more responsibilities when it comes to providing safe, well-maintained, and compliant homes for their tenants.

If you’re unsure whether your current portfolio meets today’s standards, or if you’ve taken on properties with older agreements, we’re here to help. Our team can review your tenancy agreements, check all compliance documents, and ensure that your properties are fully up to date.

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