Browsing all articles from May, 2023
May
18

Justice at stake if eviction reforms aren’t backed by funding boost

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Court reforms and extra funding are needed if the government’s overhaul of the evictions process is to succeed, warn landlord groups and eviction specialists.

It has promised to abolish section 21 ‘no fault’ evictions as part of the Renters (Reform) Bill, meaning that all evictions would need to be based on an approved reason given by the landlord through a section 8 notice.

Under the reforms, landlords will only be able to evict tenants in certain circumstances, including when they want to sell the property or when they or a close family member want to move in, after six months. However, after a three-month period they will be free to put the property back on the rental market. The Bill also makes it easier for landlords to repossess their properties in cases of anti-social behaviour or where the tenant repeatedly fails to pay rent.

Possession grounds

Property lawyer at JMW, David Smith, explains that there is a huge increase in the number of grounds for possession to deal with a range of needs for social landlords, and to deal with other scenarios where a private landlord would find themselves in breach of the law if they allowed the tenancy to continue. “The promised new ground for possession for repeated arrears is there, as are the expected changes to ground 14 to allow eviction for behaviour ‘capable of causing’ a nuisance.”

appeal court

However, with an average wait time between a court claim and repossession of nearly 10 months in 2022, according to the Ministry of Justice, more than half of the evictions previously carried out using Section 21 will now be diverted to the courts, adds Smith.

Reduce delays

While the government has promised to digitise parts of the court system to reduce delays, there is little detail on how this will work and no funding has been allocated. NRLA chief executive Ben Beadle says staff numbers need to increase in the court system to meet the needs of these reforms while Landlord Action’s Paul Shamplina believes greater reform of the court system will be required if landlords are to have confidence to remain in the market.

Timothy Douglas, head of policy and campaigns at Propertymark, tells LandlordZONE: “Moving to section 8…means rent arrears won’t be tolerated. Government has got the message, but a failure to fund the court system properly will mean a lack of justice for landlords and tenants.”

View Full Article: Justice at stake if eviction reforms aren’t backed by funding boost

May
18

Renters Reform Bill worse than feared

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It is only a Bill and has just been published but the Renters’ Reform Bill appears at first sight worse than many have feared. All tenancies are to become periodic, meaning landlords will have no security of income and student landlords in particular will find the tenants will not pay for the summer holidays.

View Full Article: Renters Reform Bill worse than feared

May
18

Landlords rushing to sell as mortgage costs soar above tenants’ rent

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Private landlords across the UK have found themselves in hot water, and it’s no surprise that many are rushing to sell their property portfolios.

A recent article by the BBC reported that private landlords had expressed critical concerns that their rents won’t cover the cost of mortgage payments, especially for those with fixed-rate mortgages coming to an end.

With interest rates rising, and added bills from increasingly tighter regulations, landlords who had previously banked on their property portfolios being their retirement plans have had to switch tactics. Understandably, it’s caused a rush in landlords who are opting to cut their losses and cash in while they can still get as much equity back as possible.

But is now really the best time to sell with the current market?

Over the last year the average time it took to sell a property rose from 45 days to 65 days. However, landlords that contacted Landlord Sales Agency to sell didn’t experience this struggle.

In the last year, over 200 LandlordZONE landlords reached out to us at Landlord Sales Agency to sell their buy-to-lets. Of those landlords, the average time it took for Landlord Sales Agency to sell was below 28 days. Twice as fast as the current market, and for higher prices.

Landlords need to sell, and we’ve proven we deliver. We do exactly what we say we’ll do, and with a huge database of over 30,000 private buyers who get notified of our deals via text message as soon as you get in touch with us to sell, we’re selling properties faster than anyone else.

But what about tenanted properties? Many landlords are worried about tenants holding them back, you don’t need to. That’s where we excel the most. Because our company is owned by a landlord, myself, David Coughlin, I’ve gathered the best team in the country to help solve all my tenant issues, and I personally use that same team for you.

In fact, we go above and beyond to sell tenanted properties. We’re so confident we’ll get you a high price for all of your properties, fast, we have no problem helping tenants pay their current rents, pay off arrears, pay for them to relocate and in some cases, even pay their rent in advance for the next landlord who takes your property on. For very difficult cases, we’ve got the best relationships with local councils across the UK allowing us to get councils to pay rent for tenants, clear any outstanding funds they owe you and even have the councils pay off all their legal costs.

For houses with stubborn survey issues, we bring on board our entire building team and housing networks to resolve every single problem, ensuring that sales don’t fall out of bed, and that landlords like you don’t have to take a big drop in price.

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View Full Article: Landlords rushing to sell as mortgage costs soar above tenants’ rent

May
18

Renters (Reform) Bill is another nail in the coffin for landlords as they rush to exit the market

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If landlords were rushing to sell their properties before, there’s certainly yet another reason to get out now. Following Prime Minister’s Questions earlier this week, the news hit landlords hard: a Renters (Reform) Bill is to go ahead. The changes to Section 21 will now mean it will be increasingly difficult to evict tenants without a fault.

View Full Article: Renters (Reform) Bill is another nail in the coffin for landlords as they rush to exit the market

May
18

Does a landlord give notice for end of tenancy agreement?

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Hello, I have a tenant on a six month assured tenancy agreement who is currently refusing to pay rent. I have issued a section 8 notice and this is going through due process.

The tenancy ends on 15th July 2023 with the last rent due on 16th June.

View Full Article: Does a landlord give notice for end of tenancy agreement?

May
17

Renters (Reform) Bill – we take a first look at the radical new legislation

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The Renters (Reform) Bill has finally had its first reading in Parliament, promising a fair deal to renters, faster redress for landlords and giving more details on how ‘pets with lets’ will work.

Heralded as a “once-in-a-generation overhaul of housing laws”, the government vows that as well as setting out to protect tenants, it will also protect more than two million landlords, making it easier for them to recover properties, so they can sell up if they want to, move in a close family member, or when tenants wilfully do not pay rent.

The draft legislation details a beefed-up Section 8 to replace Section 21, a new property portal and how all private landlords will be required to join a landlord redress scheme.

It also explains that tenants will be given the legal right to request a pet in their home, which a landlord must consider and cannot unreasonably refuse. The Bill outlines how tenants must make this request in writing and include a description of their pet.

Refuse

However, a landlord could reasonably refuse if it would cause the landlord to be in breach of an agreement with a superior landlord.

It explains that the landlord would need to give or refuse consent in writing on or before the 42nd day after the date of the request.

A landlord could insist that their tenant gets insurance to cover the risk of pet damage or instead the tenant would have to pay their reasonable costs of maintaining insurance to cover the risk of pet damage.

Housing Secretary Michael Gove says: “Our new laws introduced to Parliament today will support the vast majority of responsible landlords who provide quality homes to their tenants, while delivering our manifesto commitment to abolish Section 21 ‘no-fault’ evictions.”

MPs will be able to debate the contents when the Bill gets its second reading tomorrow.

Read the Bill in full.

View Full Article: Renters (Reform) Bill – we take a first look at the radical new legislation

May
17

Gove to approve looser rules for HMO landlords housing asylum seekers

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Housing Secretary Michael Gove is set to push through new rules on HMO safety for housing asylum seekers with little fanfare on the same day that the Renters’ Reform Bill is published.

The changes outlined in the proposed Houses in Multiple Occupation (Asylum-Seeker Accommodation) Regulations would exempt landlords in England and Wales offering asylum accommodation from regulations governing everything from electrical safety to minimum room sizes.

They would no longer have to register with local authorities and could house asylum seekers for two years without getting an HMO licence.

Housing campaigners fear the vote legalises the use of accommodation in the PRS that would otherwise be deemed unfit for habitation.

Mary Atkinson, a campaigns and network manager at the Joint Council for the Welfare of Immigrants, told the Guardian: “HMO licences exist to make sure that accommodation meets basic levels of safety and sanitation. However, much asylum accommodation already falls below these standards, with people seeking sanctuary housed in cramped, windowless rooms smaller than prison cells.

“Without HMO licences, already traumatised people will be at risk of living in places that are unfit for human habitation.”

The move is not without its critics within the PRS, who predict that some accommodation providers are likely to provide lower standard accommodation to the Home Office rather than improving it and making it suitable for renting through the more usual HMO licensing route

The Home Office denies claims that the proposed change in the law would lower housing standards for asylum seekers. A government spokesperson says: “By temporarily removing this licensing requirement, we will be able to acquire more suitable long-term accommodation while continuing to meet our legal duty of care.”

Massive backlogs in the asylum processing system have led to more than 50,000 asylum seekers being housed in hotels across the country, at a cost of £6m a day. There are about 6,000 HMOs accommodating 28,000 asylum seekers but the government is concerned that HMO licensing regulation makes it difficult to acquire them.

View Full Article: Gove to approve looser rules for HMO landlords housing asylum seekers

May
17

Michael Gove discusses his ‘once in a generation’ Renters’ Reform legislation

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The housing secretary Michael Gove has spoken for the first time about the Renters’ Reform Bill and what the potential impact of it will be on landlords and tenants.

Speaking on Radio 2’s Jeremy Vine show

View Full Article: Michael Gove discusses his ‘once in a generation’ Renters’ Reform legislation

May
17

The Idiot’s guide to Renters Reform Bill

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Not sure what’s in the Renters’ Reform Bill? We’ve rounded up everything you need to know about the long-awaited bill below.

The government claim the reforms will help 11 million tenants across England benefit from “safer, fairer and higher quality homes thanks to a once-in-a-generation overhaul of housing laws.”

The new bill also claims it will ‘protect’ more than two million landlords by making it easier for them to recover properties when they need to – so they can sell their property if they want to

View Full Article: The Idiot’s guide to Renters Reform Bill

May
17

Renters’ Reform Bill publication – the property sector reacts

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The unveiling of the long-awaited Renters’ Reform Bill has led to a strong reaction from the property sector.

The legislation, which was first promised in 2019, will see the end of section 21 ‘no-fault’ evictions.

View Full Article: Renters’ Reform Bill publication – the property sector reacts

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