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.

Are you confused about when you serve a notice seeking possession of  your property and for how long? due to the ever changing legislation, we thought you may benefit from a brief explanation:

In England:

After 29 August 2020 you must now give at least 6 months notice on your tenants

In Wales:

If you served a notice after 24 July 2020 you must have given 6 months notice

The change in notice period will stay the same until 31 March 2021, although this situation is fluid and you should keep in touch with our blogs and follow us on face book for updates.

The stay on possessions being heard at Court was lifted on 20 September 2020.  However you must serve a notice that you intend the Court to proceed with the possession before the Court will list it for a hearing.  There is ever more onus on the Landlord to attempt to find a resolution before making their application for a possession order, so a pre-action letter is ever more important.

The lock down and corona virus restrictions have put a huge amount of stress on both Landlords and Tenants, originally it was 2 weeks for a Section 8 notice and 2 months for a Section 21, now it is 6 months.  In Wales we have interest free loans available for tenants who may be unable to pay their rent, because at some stage in the future, Landlords who have mortgages will need to recoup the unpaid rent.

Confused? well the changes are fluid and no doubt will change again.  If you are unfamiliar with the changes then you may suffer a financial loss.  So if you have any questions then speak to our team who will be happy to guide you in the right direction.

s

Under the Renters' Reform Act, the UK Government proposes to do away with the Section 21 'no fault' eviction process, a process that Landlords are most familiar with.

Shadow Housing Secretary Thangam Debbonaire believes in giving even greater rights to tenants.

The Renters Reform Act was announced in the Queens's speech on 19 December following the General Election, there was a consultation period July 19 to October 19.

The Government considers this to be a modernisation of the rental market, believing it to be a 'fairer deal for both Landlords and tenants'.

However, this is a thorny issue, how will Landlords feel with the abolition of the 2 month no fault eviction process? will it put Landlords off renting properties and will there be additional pressure on Social Housing and Local Authorities?  How will the Courts deal with the hearings that may have to take place if the 'paper' Section 21 notice is abolished?

There will be an extension to the eviction grounds contained in the S8 notice, but surely the Homelessness Act will also have to change because a S21 notice is actually saying: 'I was evicted not because I was a bad tenant, but because my Landlord simply wanted their property back from me'.  The Section 21 notice has positives for tenants as well as negatives.  The new process will give more security to a tenant, but will it really resolve the lack of housing in the country?

We will keep a careful eye on the changes and we will write a blog for you with our interpretation of the reforms and how it can help both the Landlords and our Tenants. if you have any questions, then please give our team a ring on 01446789359

[caption id="attachment_680" align="aligncenter" width="546"] Britain's Queen Elizabeth and Charles, the Prince of Wales are seen ahead the Queen's Speech during the State Opening of Parliament in London, Britain October 14, 2019. REUTERS/Toby Melville/Pool[/caption]