The National Residential Landlords Association’s (NRLA) new assured periodic tenancy (APT) agreement may be missing a crucial element required under the Renters’ Rights Act. This potential omission concerns the definitions related to disability adaptations, which could have implications for landlords and tenants alike.

Potential omission in the NRLA APT agreement

Recent scrutiny of the NRLA’s updated assured periodic tenancy agreement has highlighted a possible gap regarding the “written statement requirements” mandated by the Renters’ Rights Act. Official government guidance specifies that landlords must provide tenants with information about the definitions of “disabled person” and “improvement” as set out in the Equality Act 2010.

Specifically, the guidance states that tenants should be informed they can find the definition of “disabled person” in section 6 of the Equality Act 2010, and the definition of “improvement” in section 190(9) of the same Act. This requirement aims to ensure clarity around disability adaptations made to rented premises.

What the NRLA agreement currently includes

Within the NRLA’s assured periodic tenancy agreement, under Section A, there is a paragraph referencing Section 190 of the Equality Act 2010. It states that landlords “may not unreasonably withhold consent for a tenant’s application to make an improvement to premises where a disabled person occupies or intends to occupy the premises as their only or main home, and the improvement is likely to facilitate the disabled person’s enjoyment of the premises, having regard to their disability.”

Additionally, Section B of the agreement, which covers definitions, includes the statement that “‘disabled person’ has the same meaning as set out in Section 6(2) of the Equality Act 2010.” However, the agreement does not appear to include a definition of “improvement” as required by the government guidance.

Implications of the missing definition

The absence of a clear definition of “improvement” under the Equality Act 2010 within the NRLA’s assured periodic tenancy agreement raises questions. Should this definition be included in Section A, Section B, or elsewhere in the agreement to fully comply with the written statement requirements?

There is concern that this omission could be accidental, but if left unaddressed, it might expose landlords and agents using the current NRLA APT agreement to potential fines or legal challenges. Clear definitions are essential to ensure that both landlords and tenants understand their rights and responsibilities concerning disability adaptations.

Next steps and ongoing clarification

Alex, the individual who identified this issue, has contacted the NRLA for clarification and intends to share any response received. Meanwhile, landlords and agents are encouraged to consider the implications of this potential gap and monitor for updates from the NRLA or relevant authorities.

What this means for landlords

Landlords using the NRLA assured periodic tenancy agreement should be aware of this potential omission and its possible consequences. Ensuring that tenancy agreements fully comply with statutory requirements is vital to avoid disputes and penalties.

In the interim, landlords may wish to review their tenancy agreements and seek legal advice if necessary, particularly when dealing with tenants who require disability adaptations. Clear communication and adherence to government guidance remain paramount in managing tenancies effectively and lawfully.

Source: Based on reporting from Property118

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