RLA calls for Housing Tribunals
Housing Courts:
At a recent meeting with the new Minister for the Private Rented Sector, Heather Wheeler MP, at the newly named Ministry of Housing, Communities & Local Government (MHCLG), landlord representatives from the Residential Landlords Association (RLA) called for housing courts, similar to the First-tier Tribunal for Scotland (Housing and Property Chamber)*.
Given the sheer amount of change going on in the private rented sector (PRS) the minister was told that more strategic thinking was needed, rather than what appears to be the government’s piecemeal approach to the PRS.
The meeting was attended by representative of landlords’ and agents’ organisations across the sector, including the National Approved Letting Scheme (NALS), ARLA Propertymark, the National Landlords Association (NLA), and the Royal Institution of Chartered Surveyors (RICS).
It is argued in the sector that the sheer amount of change introduced by new rules and regulations was overwhelming many small-scale landlords, making it difficult to assimilate the new information and comply with all of it.
The RLA stepped up its call for a dedicated housing tribunal (housing court) that could deal more quickly, and give landlords and tenants access to justice less expensively, here experts in the field could preside over practical issues as opposed to purely legal rules.
Currently, the legal system open to landlords and tenants, using the overworked and under resourced county courts, is slow, expensive and rule bound. Legal wrangles and arguments between landlords and tenants can become protracted, they can drag on for months and become very expensive.
If, as has happened in Scotland, the Section 21 eviction process is watered down, and long-term tenancies become mandatory, housing tribunals would become essential, as otherwise landlords could be waiting 12 months or more to rid themselves on non-paying tenants.
The RLA’s representative said:
“This is crucial for landlords [housing courts] who might be prepared to offer longer tenancies to those who want them but who are fearful of being locked into a tenancy and unable to swiftly regain possession of their property if tenants are failing to pay their rent or are committing anti-social behaviour.”
RLA policy director, David Smith, who attended the meeting said:
“We welcome the Minister’s early engagement with the sector and her positive attitude towards supporting the majority of landlords who provide good housing and abide by all their responsibilities.
“It provides a good starting point as the RLA works with the Government to ensure the rental sector is fit for its changing role and works for tenants and landlords.”
* The First-tier Tribunal for Scotland (Housing and Property Chamber) was formed to deal with determinations of rent or repair issues in private sector housing; assistance in exercising a landlord’s right of entry; and relatively informal and flexible proceedings to help resolve issues that arise between homeowners and property factors. From 1 December 2017, following the introduction of The Private Housing (Tenancies) (Scotland) Act 2016 and the new ‘private residential tenancy’ the Chamber began to receive more private rented cases, being applications provided for by the transfer of jurisdiction from the Sheriff Courts of non-criminal matters arising from regulated, Part VII and assured tenancies (Housing (Scotland) Act 2014 refers).
The Chamber also receives applications for rent assessments, drawing up of terms, evictions and other non-criminal matters arising from the new private residential tenancy.
Labour have committed themselves to bringing in similar new measures in England to those already enacted in Scotland, which if implemented would necessitate a similar tribunal system in England.
The new Scottish tenancy is not just a longer tenancy, it is open-ended. It lasts until either the tenant wishes to leave or the landlord exercises one (or more) of 18 grounds for eviction. It offers a higher degree of protection for tenants including: limits on rent increases, fair rent officer assessments, and extended landlord notice periods. Landlords must give 84 days’ notice to a tenant to leave after the first 6 months. There will be rent compensation orders for ‘wrongful termination’ and some local authorities in Scotland are given the power to cap the levels.
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – RLA calls for Housing Tribunals | LandlordZONE.
View Full Article: RLA calls for Housing Tribunals
Post comment
Categories
- Landlords (19)
- Real Estate (9)
- Renewables & Green Issues (1)
- Rental Property Investment (1)
- Tenants (21)
- Uncategorized (11,550)
Archives
- July 2024 (11)
- June 2024 (54)
- May 2024 (73)
- April 2024 (59)
- March 2024 (49)
- February 2024 (57)
- January 2024 (58)
- December 2023 (56)
- November 2023 (59)
- October 2023 (67)
- September 2023 (136)
- August 2023 (131)
- July 2023 (129)
- June 2023 (128)
- May 2023 (140)
- April 2023 (121)
- March 2023 (168)
- February 2023 (155)
- January 2023 (152)
- December 2022 (136)
- November 2022 (158)
- October 2022 (146)
- September 2022 (148)
- August 2022 (169)
- July 2022 (124)
- June 2022 (124)
- May 2022 (130)
- April 2022 (116)
- March 2022 (155)
- February 2022 (124)
- January 2022 (120)
- December 2021 (117)
- November 2021 (139)
- October 2021 (130)
- September 2021 (138)
- August 2021 (110)
- July 2021 (110)
- June 2021 (60)
- May 2021 (127)
- April 2021 (122)
- March 2021 (156)
- February 2021 (154)
- January 2021 (133)
- December 2020 (126)
- November 2020 (159)
- October 2020 (169)
- September 2020 (181)
- August 2020 (147)
- July 2020 (172)
- June 2020 (158)
- May 2020 (177)
- April 2020 (188)
- March 2020 (234)
- February 2020 (212)
- January 2020 (164)
- December 2019 (107)
- November 2019 (131)
- October 2019 (145)
- September 2019 (123)
- August 2019 (112)
- July 2019 (93)
- June 2019 (82)
- May 2019 (94)
- April 2019 (88)
- March 2019 (78)
- February 2019 (77)
- January 2019 (71)
- December 2018 (37)
- November 2018 (85)
- October 2018 (108)
- September 2018 (110)
- August 2018 (135)
- July 2018 (140)
- June 2018 (118)
- May 2018 (113)
- April 2018 (64)
- March 2018 (96)
- February 2018 (82)
- January 2018 (92)
- December 2017 (62)
- November 2017 (100)
- October 2017 (105)
- September 2017 (97)
- August 2017 (101)
- July 2017 (104)
- June 2017 (155)
- May 2017 (135)
- April 2017 (113)
- March 2017 (138)
- February 2017 (150)
- January 2017 (127)
- December 2016 (90)
- November 2016 (135)
- October 2016 (149)
- September 2016 (135)
- August 2016 (48)
- July 2016 (52)
- June 2016 (54)
- May 2016 (52)
- April 2016 (24)
- October 2014 (8)
- April 2012 (2)
- December 2011 (2)
- November 2011 (10)
- October 2011 (9)
- September 2011 (9)
- August 2011 (3)
Calendar
Recent Posts
- I’m not a charity: Is it time to issue a Section 21?
- Most landlords manage properties themselves despite higher costs
- Tenant deductions for defrosting a large freezer?
- TMW cuts BTL rates – Accord and Foundation follow suit
- If landlords were taxi drivers!