Six-month notice periods extended in Wales

eviction, housing, landlord, tenant
Jun 21 | 2021

Six-month notice periods are extended until September in Wales.

  In March 2020, the Welsh Government introduced emergency legislation which ensured tenancies were subject to a six-month notice period if a landlord sought to terminate the tenancy. These measures were due to expire at the end of June 2021 but have now been extended for a further three months until September 30th 2021.   Many had expected the extended notice periods to be relaxed to coincide with England reducing the length of their notice periods at the start of June. Indeed, it is clear from the explanatory notes, written in conjunction with the Coronavirus Legislation, that the Welsh Government had considered this approach; but this was outweighed by “the cost to public health, and the knock-on effects for the health service, local authorities and other organisations, of a sudden increase in evictions occurring.” It is also evident from the notes that there is a growing concern that local authorities will struggle with the influx of evictions once the notice periods are reduced.   Many landlords have expressed a sense of frustration and disappointment over a perceived lack of measures to protect their rights. The explanatory notes acknowledge that the extension of the six-month notice periods until September will “lead to financial difficulties for some landlords” yet nothing has been announced to mitigate their loss.   Extending the increased notice period until September does not reduce landlords’ desire to evict tenants, but instead delays their ability to do so; which in turn may result in a bigger influx of evictions once the notice periods are shortened in October. There has been no indication as to how the Welsh Government are preparing for this sudden increase in evictions.   Ben Beadle, Chief Executive of the National Residential Landlords Association, highlights “the urgent need for the Welsh Government to take rapid action to address the mounting rent arrears crisis unfolding across Wales.” He claims that without such support, the extension of the six-month notice period until September will prolong uncertainty for all involved. The Welsh Government have announced that consideration is being given to what further support can be provided to the private rented sector but has not announced any specific measures.   At NewBold Solicitors, we can offer clarity in advising landlords of their options. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson - Graduate Solicitor - Property Litigation

Guarantor Fees

housing, landlord, tenant
Jun 07 | 2021
 

Guarantor Fees

The introduction of the Tenant Fees Act in 2019 aimed to reduce the costs that tenants face at the outset of a tenancy agreement, by banning letting fees and introducing a cap on deposits. But it did little to stop a landlord requesting, in some cases, up to twelve months rent upfront. The requirement for a tenant to provide a guarantor can be an insurmountable barrier to securing a property if they do not know anyone who fits the guarantor criteria; a problem more common with international tenants. More recently through Covid-19, as many tenants’ incomes are becoming less-secure, some landlords are looking to reduce the perceived risk by requiring a larger up-front payment. Even for many with guarantors, this requirement is becoming more common. However, in many cases, securing many months rent upfront will not prevent a landlord from facing further rent arrears, property damage or eviction issues, nor will it protect a tenant from eviction or disrepair disputes. We understand that it can be daunting to enter the rental market as a landlord and to want to protect an investment and we understand as a tenant that there might be concerns about fees, hidden costs, or financial demands from a landlord. At Newbold, we can assist both Landlords and Tenants to guide them through these difficulties or concerns and provide insight and direction to reach a resolution. If you would like to discuss guarantor fees with us or any other matter, please call our dedicated team on 0330 123 1131 or visit our dedicated Landlord and Tenant pages for further information.   Louise McGowan - Graduate Solicitor - Property Litigation

The Bailiffs are Back!

eviction, housing, landlord, tenant
Jun 04 | 2021

The Bailiffs are Back!

  The temporary ban on bailiff-led evictions in England has now come to an end. The measure was introduced in March 2020 in recognition of the hardship that many families would be feeling during the Coronavirus pandemic.   Bailiffs will give 2 weeks notice of an eviction date and they will not evict if anybody at the property has:
  • Coronavirus symptoms,
  • tested positive for Coronavirus,
  • been told to self isolate by NHS.
  In such circumstances, the eviction will be rescheduled and you will get another 2 weeks notice.   In 2020, it is estimated that residential evictions fell by approximately 74% due to the protections offered to tenants during the Coronavirus pandemic. However, the ban has not removed the desire from Landlords to reclaim their property; instead it has delayed their ability to do so. Therefore, is it predicted that the courts will now face an ‘eviction avalanche’ and it is still unclear how the legal system will cope with such backlog. The Joseph Rowntree Foundation have warned that there are “clear warning signs” of a spike in evictions and homelessness as the ban lifts.   The bailiff ban on bailiff-led evictions was always intended to be temporary, and many landlords have been waiting a long time for it to end. It is important that protection for vulnerable tenants is balanced with the landlord's ability to access justice. We are aware that County Court Bailiffs are in shortage and there has still been no indication as to whether there will be further investment into bailiff recruitment.   At NewBold Solicitors, we can offer advice to both Tenants and Landlords. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson - Graduate Solicitor - Property Litigation Team  

Housing Enforcement Action Ban

eviction, housing, landlord, tenant
Apr 01 | 2021

Housing Enforcement Action Ban

The ban on enforcement action has now been extended in England until 31st May 2021, and in Wales until 30th May 2021. Understandably the Government(s) have had to make unprecedented decisions and difficult decisions in the last twelve months, however there are increasing concerns from both Housing specialists and Parliamentary committees regarding what will happen when these deadlines end, and how the Courts will cope with a barrage of eviction cases and the effect on Landlords and Tenants.   An estimated 20,000 cases are waiting in the wings to be dealt with, on top of the new cases. This is going to have a significant effect on Court resources, and we are aware that County Court Bailiffs are also in shortage. The Government has not indicated any extra resources towards recruitment of bailiff recruitment, and Landlords are feeling the pressure of trying to cope without their assistance.   The deadline for Landlords to apply for Mortgage Payment Holidays ended on 31st March 2021 and this coupled with the enforcement action deadlines, means a critical number of Tenants are likely to be evicted and made homeless from the middle of 2021, and for some time to come.   At Newbold we can offer advice to both Landlords and Tenants in these situations. We would recommend that these parties start to communicate openly with one another to see if such terms such as rent arrears (if there are any) can be negotiated and / or (for example) any allegations of anti social behaviour being resolved. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131.   Joanna McBride – Solicitor   More information on the services we can offer to Landlords and Tenants is available via the below links. Landlord Services Tenant Services Free No Obligation advice is available on a number of our services, we can help you decide how best to deal with your case.   Further information on the matter can be found via the Property Reporter.

Disrepair and Local Authority Housing

housing, tenant
Mar 23 | 2021

Disrepair and Local Authority Housing

Having seen the ITV news last night and the appalling conditions that some local authority tenants are being forced to endure in Croydon it is important to remember that people should not have to live like that. Living in a property that is suffering from disrepair can have an enormous impact on both the physical and mental health of the tenants living in the property. In England alone around four million households live in social housing, and around 480,000 of those social housing homes do not currently meet the government’s ‘decent homes’ standards, according to the English Housing Survey, meaning they are suffering from disrepair. 200,000 of these homes, had a category one hazard such as damp, poor electrics, or fire hazards. Enduring those sorts of conditions in a normal year would be extremely tough but having to do that during numerous lockdowns would be unbearable. Landlords and local authority housing are required by law to ensure that any property they are renting out is in a good state of repair. Sadly, this is not always the case. The good news is that the law is there to help tenants who may be living in properties suffering from disrepair, tenants may be able to take out an injunction and claim compensation/damages. Many solicitors who offer expert advice in this area (like us) offer a no win no fee service. In cases where the claim is successful the landlord will be required to make good any disrepair within the property as well as paying the costs associated with the claim. Tenants should not suffer in silence.

Get in touch with our expert team today on 0330 123 1131 or visit our disrepair claims page for more information.

More information on the report from ITV News can be found here.

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