WARNING: Landlords who evict illegally to face DOUBLE whammy under reforms

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Illegal evictions and harassment are set to become more expensive for landlords who get caught, as councils will be able to fine them up to £30,000 as an alternative to prosecution under the Renters Reform Bill.

Lawyer Sam Kharabanda Groom (main picture) at Cornerstone Barristers believes this should give local housing authorities a more efficient means of enforcement.

“In the context of other parts of the Bill, seeking to abolish assured shorthold tenancies and fixed term assured tenancies, the implication is that the tightening of opportunities for landlords to obtain possession could cause a rise in unlawful evictions and harassment by landlords seeking a shortcut,” adds Kharabanda Groom.

“It appears that these penalties could be imposed in addition to any rent repayment order secured by a tenant in respect of unlawful eviction, meaning that a landlord who has committed an offence could be on the hook for two fines, one punitive and one compensatory, as long as criminal proceedings have not been pursued.”

Councils must be satisfied beyond reasonable doubt that an offence has been committed. However, no penalty can be imposed if someone has already been convicted of the same conduct, if criminal proceedings are still ongoing or if the person has been found not guilty of an offence in respect of the same conduct.

Civil courts

Tenants can currently pursue a claim for damages against rogue landlords through the civil courts at the same time as a criminal prosecution in a magistrates court.

Illegal evictions and harassment are increasing, according to Safer Renting. Figures compiled by the charity from sources including Citizens Advice, Shelter, and local authorities show there were more than 8,000 instances of illegal eviction or harassment in 2022, an increase on almost 7,800 cases in 2021 and 6,900 cases in 2020.

View Full Article: WARNING: Landlords who evict illegally to face DOUBLE whammy under reforms

New evictions law will be toothless without funding, warn councils

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Councils could struggle to enforce new eviction laws under the Renters Reform Bill, according to the Local Government Association.

It has warned that authorities will need more staff and funding because every council in England already has a shortage of environmental health officers and tenancy relations officers, who investigate potential offences related to private rented housing.

Housing spokesman Darren Rodwell (pictured) told the BBC: “New regulation is important, and we welcome it, but we need to make sure we have the right financial package to be able to enforce and deliver it.”

Rodwell, the Labour leader of Barking and Dagenham Council, added there were “still some unknowns” about how councils would fund enforcement “with the limited resources we have currently”.

Promises

The government has promised to fully fund any additional costs for councils after Section 21 is abolished, while councils can keep any revenue from civil penalties, with this ring-fenced for further enforcement activity. However, Rodwell said fines did not always cover the cost of investigating breaches.

The Chartered Institute of Environmental Health agreed that more funding was needed to ensure the new legislation was effective. Henry Dawson, a member of the organisation’s housing advisory panel, pointed to a “desperate shortage” of environmental health officers and tenancy relations officers.

Raft of responsibilities

“If we’re about to bring in a whole raft of new responsibilities for local authorities, we need to bring in more staffing to support that and also a sustainable model for funding of new staff,” Dawson added.

A Department for Housing, Levelling Up and Communities spokesman said: “We will continue to support councils financially so they have the right resources to put tenants first, that includes fully funding any additional costs that may fall on councils as a result of our proposed reforms.”

View Full Article: New evictions law will be toothless without funding, warn councils

Leash-hold issues? Unusual landlords’ association launches

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Landlords who rent properties to vets are being encouraged to join a new group so they can discuss problems, exchange information and learn about what it means to be a professional landlord.

The Veterinary Landlords’ Association (VLA) which has yet to establish a website, already has 211 members who rent more than 400 properties to firms including IVC Evidensia, CVS, Vet Medics and VetPartners, and smaller independents.

VLA chairman Richard Rowe tells the Vet Times he’s been astonished by how rapidly the group has grown.

“Most of our members are former practice owners and may not fully understand commercial leases or that being a landlord is a big job in itself,” he says.

Unusual position

“Veterinary landlords are in a relatively unusual position, being small businesses leasing premises to multi-billion-pound companies. We hope to redress that imbalance to mutual benefit.”

Vice-chairman Richard Stephenson adds: “We realise the importance of developing good communication and positive relationships with our tenants. We have already had the property director of one of the big corporates – IVC – come to a VLA meeting to explain how he intends to improve their systems to the benefit of both parties.”

The group will hold online meetings every two months featuring speakers ranging from specialists in property law, to valuations, building renovations, dilapidations and rent reviews.

It hopes to offer members a platform where they can better understand lease terms, building valuations, insurance, and maintenance. It will also collect data on rental values, compliance of tenants with lease terms and negotiation outcomes, as well as supporting members during negotiations to renew leases or those selling practices.

View Full Article: Leash-hold issues? Unusual landlords’ association launches

Rocketing service charges leave leaseholders with hefty bills

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An 8% surge in average annual service charges has left leaseholders across England and Wales grappling with a £1,431 price tag, research reveals,

Estate and letting agents Hamptons say the main cause of this increase can be traced back to the implementation of new fire safety measures in 2018.

View Full Article: Rocketing service charges leave leaseholders with hefty bills

Prince William launches ambitious campaign to combat homelessness

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Prince William has embarked on a significant five-year crusade in a bid to eradicate homelessness, arguing that such a problem has no place in a ‘contemporary and forward-thinking society’.

The royal’s recent journey took him to housing and training initiatives in Brixton

View Full Article: Prince William launches ambitious campaign to combat homelessness