In order to improve the housing stock in the capital, tenants can now use the online 'checker'. A new online ‘check and challenge’ tool aims to empower tenants in the capital by helping them claim back rent from rogue landlords. Mayor of London Sadiq Khan’s new Property Licence Checker has been set up so tenants can make sense of the many schemes running across London boroughs. It tells them if their landlord or property is licensed and offers help to make rent repayment orders while councils will gather intelligence to target enforcement. Khan says it’s vital that every privately rented property is licensed so landlords can be held to account for the conditions their tenants live in.
Are some tenants using Covid-19 as an excuse not to pay their rent?
Some Landlords are arguing that their tenants (knowing that they cannot be evicted for some time) are stopping their rental payments and waiting the 'long wait' to be evicted. Clearly this is a real concern for landlords who are themselves struggling to meet repayments on their mortgages; some landlords are even finding that by applying and obtaining a 'rent repayment holiday' it is adversely effecting their abilities to re-mortgage. This is something that ARLA have been raising with the ministry of housing. In Wales a tenant can apply for an interest free loan to pay rent; but in England, it is right to say that some Landlords are facing financial ruin. With all the latest regulations being placed upon them, resulting in fines and Court orders, it is easy to see why some landlords are selling their rental properties rather than investing in the property market. The country needs more housing, the County needs more private sector housing to help with the homelessness situation; so this is something that the minister for housing should be addressing 'how to help landlord during the Covid-19 pandemic'. Although the Courts are now prioritising Court hearings where the tenant is more than 9 months in arrears, there must be more than can be done. This is meant to be a generic blog and not specific, the law changes rapidly and with Covid-19 it is a fluid situation; in order to rely upon anything contained in this blog you should speak to our team of solicitors who will happily provide more up to date and specific advice on your particular matter and any changes involved.
Due to Covid-19, many Court hearings are taking months to list trials, in fact, some will take years. There are criminals who may find they are 'let off' the crime because the witnesses and/or victims are too stressed with the delays to continue to peruse the matter; this is particularly relevant with domestic violence matters and rape; there are also defendants awaiting a hear the outcome of a trial who are innocent and the delays caused to them are horrendous. It is not just in the criminal courts, but also in the civil Courts where the delays are having a catastrophic effect on peoples lives and indeed livelihoods; if you are owed money and you depend on the money being received (especially in 2020), it may take months even years before your case is listed, and conversely if you do not owe the amount being claimed, having that threat over you for such a long period of time can caused untold anxiety and mental health issues. If you are worried about a contract dispute and you want it settled out of Court, there are other means of achieving this; we are happy to put your mind at rest and help and support you during this very difficult time.
Landlords are facing major hurdles with obtaining possession proceedings if they fail to serve on their tenants the latest 'how to rent guide'. Landlords need to give tenants the latest version of the How to Rent guide – or risk forfeiting the right to rely on a Section 21 eviction notice. The Government has today published the latest guide with the reminder that it has to be delivered at the start of any new tenancy or renewal. The new version incorporates recent legislative changes such as Minimum Energy Efficiency Standards, the Tenant Fees Act and electrical checks. The guide was introduced five years ago, making it mandatory for landlords to provide the latest version when the tenancy starts and on renewal if there’s been an update to the contents. For a copy of the latest guide 'how to rent', then follow this link or contact this firm for guidance on when it must be served, and what to do if your landlord fails to serve the latest guide on you: How to rent - GOV.UK (www.gov.uk)
Electrical Wiring Safety Standards Regulations 2020 (England) what you need to know before you hand over those keys......
A Landlord from England has been ordered to repay £260,000.00 to their tenants because they were living in an overcrowded and unsuitable accommodation. Some of the rooms did not have heating and were not properly ventilated. There were electrical issues at the property and some tenants were sleeping on bunk beds in a room too small. The new Electrical Safety Standards came into force in April 2020 (18th edition of the wiring & electrical installations Regulations (Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020). This places a duty on landlords to ensure that the electrics in the rental property are inspected by an accredited electrical engineer and the report should be served on the Tenants within 28 days of receipt. If you fail to obtain this report, then there is a fine of up to £30,000.00. If the Landlord does not deal with the electrics, then the Local Authority can remedy any defects and then charge the landlord. In this particular case, the Landlord was found guilty of a number of important regulatory breaches at the property and this resulted in a rent repayment order being awarded. If you are a Landlord worried about your obligations then please call our Newbold Team who will happily provide you with free initial advice, just to put your mind at rest in nothing else. The amount of fines that you could be liable for would cause most Landlords financial hardship, or may even result in financial ruin. If you are a tenant who feels your Landlord is breaching any regulations then please speak to our tenant team; we may be able to handle the matter on a NO WIN NO fee arrangement and our disrepair team handlers will help you through the process. You may have a claim under S11 of the Landlord & Tenant Act 1985 which states that the structure of the property must be in good working order, including essential services (gas/heating/water and not least electrical wiring). If you are a Landlord, then if you have already been served with a improvement notice, then please ring our Landlord team who will be able to advise you if you have breached the regulations, how to remedy the issues and if you have been fined, how to appeal the fine.