COVID-19 - the new regulations on renting

eviction, housing, landlord, tenant
Apr 07 | 2020
The Government has brought in emergency legislation for all Landlords and Tenants in England and Wales. The changes include an extension to the notice period that Landlords must provide to Tenants, an extension to the pre-action protocol rules that a Landlord must adhere to before he/she serves a notice for rent arrears, and additional financial support for both Landlords (with mortgage holidays) and Tenants (with additional benefit allowances). Tenants must continue to pay their rent during the corona pandemic, but Landlords are asked to be flexible during this time.  If a Tenant can evidence that they are waiting for a reply from the benefits agency on an application for financial support, then it is unlikely that the Court will grant the Landlord a possession order. There is currently a moratorium for possession hearings, and once this challenging time has passed, it is likely there will  be a delay with eviction claims being placed before a Court. Due to the change in legislation and this fast moving and fluid situation, it is suggested that you contact an experienced housing, landlord and Tenant

Can a landlord prevent me from renting because I receive benefits or universal credit?

housing, tenant
Mar 02 | 2020
If a Landlord or a Lettings Agent advertises a property to rent saying that 'the Landlord will not accept anyone who is in receipt of benefits', may find themselves in breach of the law and face fines. The law does not allow a person who is in receipt of universal credit, to become a victim of discrimination. Recent cases that have been brought against Landlords or their Agents have resulted in substantial fines.  In 2018, Landlords were fined up to 3,500, but the legal costs of the Tenants who brought the claims were up to £10,000.00. The message to Landlords and Agents is clear, they cannot discriminate against tenants by taking a blanket approach to who they rent, they cannot discriminate against anyone, regardless of their colour, the sexual preference, gender, disability or whether the tenant pays privately or is in receipt of state benefits. This may cause some issues with Landlords because some lenders of buy-to-let mortgages will not allow Landlords rent to tenants who are not paying privately.  The reason is, some lenders believe that Tenants who receive their benefits are more of a risk.  If the Landlord needs the rent to pay the mortgage, then some lenders feel housing benefit tenants may not pay the rent to the landlord thereby putting the landlord in arrears with the rent. Landlords should discuss this with their financial advisor before they accept the terms of the buy-to-let mortgage, they should always fully read the terms of all policies and mortgage conditions. It may help if the Government allows housing benefit to be paid directly to Landlords, or, makes it unlawful for lenders to request that tenants cannot be claiming benefits.

How can I get assistance with renting on benefits?

So if you are a tenant and you need a housing lawyer to help you with a discrimination case, then please call Newbold Solicitors housing team for advice and assistance.  If you are a Landlord looking for housing/tenant advice, then we will be happy to provide you FREE legal telephone assistance.    

ELDERLY TENANTS LIVING IN DAMP CONDITONS.

eviction, housing, landlord
Jan 17 | 2020
It is estimated that there are 250,000 pensioners living in damp or unfit rental properties. They often do not know where to go to complain, or whether they can complain at all. The fact is, that all tenants have a right to live in a safe, happy and peaceful environment.  They should not worry about 'what if I make a claim, can my Landlord evict me'.  Tenants are protected in law. The Housing Act states that a tenant must live in a property where all the essential services (gas heating water etc) are in a good working order.  That the fixtures and fittings should be in a good state of repair.  The There are Agencies where tenants, including elderly and vulnerable tenants can go for free housing advice.  Not many housing solicitors who specialise in Landlord and Tenant legal problems, offer free landlord and tenant help, but at Newbold Solicitors we provide NO WIN NO FEE on disrepair claims.

THE QUEENS SPEECH AND HOUSING

housing
Jan 17 | 2020

The main change will be in England with the banning of Section 21 notices.  Housing Solicitors and Landlords, use the Section 21 process as a means of getting possession quickly, but, many tenants feel (quite rightly) that there is a lack of security.  This is particularly concerning when children have made friends locally, or who attend a local school.  It can also cause tenants to lose their employment, if they work locally and not least have a detrimental effect on vulnerable tenants. Many Landlords will be concerned, so to balance this, the Government will be including additional grounds into the S8 procedure. The other major change will be 'life time deposits'.  This will allow deposits to move form one property to the other, so the tenant will not have to consider a deposit every time the move. Housing (landlord and Tenant law), is complex because it is ever changing.  As Catherine Hartland has always said in her training courses: 'housing law is complex because it is ever changing and it is ever changing because it is a matter of Government policy'.  For this reason, please speak to one of Newbold Solicitors housing team, who will be more than happy to advise you on any housing related issues.

What is a landlord license? Do I actually need one?

housing, landlord
Jan 09 | 2020
  It would be lovely to write a blog that makes licensing so easy, but as we all know, or should know, it is not. In this blog post we try and break down the world of landlord licensing into small, manageable chunks, without the often associated jargon.  

What are the consequences of not having a landlord license?

  If you fail to have a landlord license, then the consequences for you, as a landlord are severe. You can:
  • Be fined an unlimited amount (often £30,000)
  • Be subject to a rent repayment order
  • Or a rent stop order
  • Have assets taken from you under the ‘Proceeds of Crime Act’
  • Be prevented from renting out your properties in the future
  • Be prevented from recovering possession
  • The Local Authority can take over the management of the property
  Despite these consequences, many landlord still ‘have a go’ themselves. At NewBold Solicitors we are all too often instructed late in the process by many landlords who have not taken the matter sufficiently seriously.  We have an excellent record for defending orders made against landlords, but it always helps when you contact us early.  

What landlord licenses can be breached?

If you have received notification that you are in breach of the following licenses:  

Will I have to go to a tribunal?

This is a possibility yes. This is where you will make your case to the court, and attempt to defend your landlord license, or lack of it. The tribunal will take into account:
  • Your conduct as a landlord
  • Your financial circumstances
  • Whether or not you have been convicted of a relevant offence or you have received a financial penalty
  • The tribunal also considers the conduct of the occupier
 

What happens if I’m found guilty at my landlord license tribunal?

If you are found guilty of the offence, which is on the criminal principle of ‘beyond all reasonable doubt’ and you are fined, then the order is treated as any other debt against you and is enforceable by such methods as bankruptcy or charging orders etc.  

How do I apply for a landlord license?

In order to apply for a license, you have to be considered a ‘fit and proper person’.  It costs usually about £500.00 and if you have applied, but the license has not been granted, then you can argue that the license is in hand.  However, if it has been refused, and the appeal refused, then you will not have a license. Another person can hold a license for you who is ‘fit and proper’, but if you are found in breach, and the case is taken to court, the tribunal will look at control, who is managing and controlling that property.  

What do I do if I’ve received notification from my local authority?

If you have received notification from the local authority (LA) that they believe you are renting without a license, then please pick up the phone or email our team who will deal this matter quickly and efficiently so you can continue to rent out your properties and receive your rental income. For a free 15-minute assessment and then £216.00 an hour inclusive of VAT, with the average defence of a license being between £900 - £1,500.00 (depending on the complexity of the issues).  A considerable saving of having to pay a fine or having a rent stop order made against you.     All advice given in our blogs cannot be relied upon as they depend on individual circumstances and changes in legislation,  they are meant to be a guide of the law only

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