Leading lawyer vents frustration with ever-changing UK evictions process rules

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One of the UK’s top property lawyers has questioned whether the Scottish government’s extra changes to its eviction processes are wise and suggested that they are not helpful, as landlords become increasing confused by the labyrinthine rules now governing evictions in both Scotland and England/Wales.

David Smith, who is a partner at JMW Solicitors, is referring to Nicola Sturgeon’s decision to allow tenants to be given a notice period of 28 days instead of six months when giving notice to evict on or after October 3^rd  on grounds of anti-social behaviour or criminal activity.

This is in addition to the changes announced last month.

This mirrors recent changes to notice periods in England and Wales and in all three countries authorities now ask landlords to wait six months before serving evictions notices, albeit with exceptions.

In Scotland these include allowing landlords to give 28 days’ notice instead of six months if a tenant:

• Has a relevant conviction,
• Has engaged in relevant anti-social behaviour,
• Associates in the let property with a person who has a relevant conviction or has engaged in relevant anti-social behaviour.
• Is not occupying the let property as the tenant’s home.

Smith says: “The Government has again made changes to the possession process for residential property. This was the widely expected change to the notice periods for section 8 and 21 notices.

“Is this very quick change going to be helpful or sensible or will it just add to the already high level of confusion in the sector as to what rights landlords and tenants have?

“This is the new position this week. Whether it is the position next week remains to be seen.”

The Scottish government has also amended the legislation to achieve the same exceptions for other types of tenancy including Assured and Short Assure Tenancies, Tenancies under the Rent (Scotland) Act 1984 and Scottish secure tenancies.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Leading lawyer vents frustration with ever-changing UK evictions process rules | LandlordZONE.

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BREAKING: Manchester to seek legal green light for Airbnb ban within properties on council-owned land

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Manchester is to launch an assault on its ‘problem’ short lets market which could include seeking legal advice on whether it can prevent Airbnb-style activities within council properties on a wider scale following a trial at its Brunswick regeneration project.

Its proposals are contained within its new Private Rented Sector Strategy for the next five years, which is due for approval tomorrow by its Executive.

It highlights both the huge increase in short-lets use within the city by tourists but also the growth in professional ‘whole property’ operators.

Manchester council says 75% of the 3,000-strong short-lets listings market locally is offered via Airbnb and that half are whole properties.

Anti-social

The city’s upmarket central short-lets present only minor anti-social behaviour and waste issues and are generally well managed, and it is the  short-lets in less glamorous areas that are a growing problem.

This includes a small but significant ‘HMO model’ short-term lets market focused in Moss Side and Rusholme, “where multiple guests separately rent individual rooms within a property despite clear issues with safety, quality and management in some instances”, the report says.

“This portion of the short-term lettings market has generated a growing number of problems for residents nearby linked to poor waste management practices, noise and anti-social behaviour as well as, in some instances, criminal activity which has damaged the reputation of the city.”

The council says these issues are exacerbated by the fact that in many cases entire home short-term lettings are taking family homes out of the mainstream market.

Manchester is to seek legal advice on whether it can prevent properties on council-owned land being used for short lets via restrictive covenants within leases a freehold transfers.

Read more about Airbnb.

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Government prospectus inviting bids for the affordable housing programme launched today

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Housing Secretary Robert Jenrick has today announced that the prospectus inviting bids for the government’s investment in affordable housing and new measures to make it easier to get a foot on the property ladder are being launched this week.

The £12.2 billion overall investment in affordable housing was confirmed at Budget

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Lease Extension and Marriage Value?

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Hi All, I was hoping for a bit of advice from the community RE. Lease Extensions, I’m a landlord with three properties in my portfolio.

Can I confirm that Marriage Value is added to the price of a lease extension when the lease falls *below* 80 years?

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LATEST: Shelter campaign forces lettings platform to change ‘No DSS’ policy

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SpareRoom has updated its site in a bid to stop landlords posting blanket bans on housing benefit tenants.

Instead of ‘housing benefits considered’, the large lettings portal now has a search option to ‘hide ads that can’t accept housing benefit (due to mortgage/insurance restrictions)’, as it says some landlords are prevented from renting to tenants claiming benefits due to the nature of their buy-to-let mortgages.

The change follows an investigation by the Oxford Mail that found more than 90% of landlords on SpareRoom in the city appeared to be avoiding tenants on housing benefit despite the county court ruling earlier this year which makes blanket ‘No DSS’ rental bans by letting agents unlawful and discriminatory under the Equality Act.

SpareRoom acknowledges that the percentage of landlords accepting housing benefit has historically been very low.

A spokesman tells LandlordZONE that it will have to rely on them to be honest about their circumstances.

He says: “In some ways it would have been simpler just to remove the option to say no altogether, but we know some mortgage and insurance terms have specific clauses in them preventing landlords from renting to tenants who pay their rent with benefits.

“We wanted to make sure that option was available to them, while letting tenants see which rooms were affected.”

Although the DSS judgement was from a low-level court, charities and campaigners hope it will stick. Polly Neate, chief executive of Shelter, says: “Anyone who is still being turned away from rental properties they can afford, purely because they receive benefits, should write a formal email or letter to the agent asking them to reconsider and reminding them that DSS discrimination is unlawful.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: Shelter campaign forces lettings platform to change ‘No DSS’ policy | LandlordZONE.

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Housing Associations/Charities – want my property?

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I am coming to the end of a 4 year contract with a Managing Agent that has a direct link with the Local Authority to provide emergency/temporary accommodation.

I want to move to another Housing Association/charity to do the same

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BRITISH SUCCESS: Rental pioneer SpareRoom set to become global giant

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Rental platform SpareRoom is to become a global phenomenon with some 40 million registered users in the UK, US and 18 other countries following its purchase of rival Roomgo.

The deal, which is for an undisclosed sum, triples the size of SpareRoom’s user database and makes it one of the biggest property rental platforms on the planet, building on its existing success in both the UK and US.

Used by landlords to find tenants and by tenants to find people to share properties with, SpareRoom is one of the UK’s unspoken digital success stories.

Started in 2004 by Rupert Hunt (pictured, above), a wannabe rock star who built websites in his spare time, the site has grown organically without the kind of start-up razzamatazz (or investor cash) that is standard these days for proptech firms. It now has two million visitors a month to its website.

Global markets

Following the purchase of Roomgo off its London-based owner Digital Ventures Group, SpareRoom now has a presence in key global rental markets including France, Italy and Spain as well as Brazil.

“We’re excited to strengthen our position in the US and significantly add to 11+ million global registered users,” says Hunt.

“SpareRoom has long been the clear market leader in the UK. This acquisition gives us the platform to do the same in the US and beyond, and gives flatmates across the world the safe, simple and effective service we’re renowned for.

“Living with flatmates is a global way of life. Millions of people around the world share their homes and that’s only likely to increase over the coming decade. But it requires a different approach to simply renting or buying a property.”

Read more Spareroom news.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – BRITISH SUCCESS: Rental pioneer SpareRoom set to become global giant | LandlordZONE.

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HF Assist and Landlord Action to host Rent Arrears and Eviction webinar

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Following the further extension to the ban on evictions announced on 21st August, HF Assist, together with Landlord Action, will be hosting a special ‘Rent Arrears and Eviction’ webinar on 9th September from 10am-11am

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Exclusive: ‘Secret landlord’ dishes the dirt on being a multi-property landlord

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An anonymous professional landlord has written a book claiming to lift the lid on the world of buy-to-let for the first time.

Parasite: The Secret Diary of a Landlord is a warts-and-all account of everyday life in the sector, drawing on two decades in the business.

The author, known only as The Secret Landlord, admits to being a large-scale portfolio landlord with properties nationwide, and explains it was prompted by her recent experiences.

She tells LandlordZONE: “While you get used to the hostile environment, this era of Government intervention and public hatred ushered in by Covid-19 feels new.

“There have been moments where I’ve wondered is this the right time to share the truth the other side of the door, but now more than ever, I think it’s important for people to hear the landlord’s side of the story.

“I think other landlords, potential landlords, tenants, potential tenants, in fact anybody who’s interested in other people’s lives will enjoy reading it.”

The book claims to reveal what it’s really like to be a landlord and the shocking reality of renting out a property. 

The Secret Landlord reckons the real life of a professional landlord is very different to the public perception; dealing with burglaries and break-ins, drug raids, police warrants, crazy tenant antics, bailiffs, squatters, lawsuits, wrecked properties, interfering council officers and game-playing freeholders.

She adds: “It’s not just misbehaving and non-paying tenants you’re up against, you’ve also got errant tradesmen, local councils and ever-changing Government regulations to contend with. There are some good times, but nowadays they’re few and far between.”

Parasite: The Secret Diary of a Landlord is published on 15th October by Alethea and is available to pre-order on Amazon.

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Meet Mark Smith (Barrister-At-Law) Landlord tax planning strategies – PIN

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Our Hon. Legal Counsel, Mark Smith, Head of Chambers at Cotswold Barristers will be presenting an overview of several landlords tax strategies at the pin Glasgow property networking event Tuesday 8th September and the next day at the pin Sheffield event Wednesday 9th September

The events will be held Online and Attendees can expect first-class speakers and great networking opportunities.

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