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

Are you a leaseholder?  Do you feel that you have been misled by a developer? Are you now regretting purchasing a leasehold property?

The Competition and Markets Authority (CMA) are reported to have discovered that many buyers were not made aware of the pros and cons of buying a leasehold property when they held discussions with developers.  There may not have been enough transparency and as a result, many leaseholders now regret purchasing a property.

There are cases where leaseholders were unaware that their ground rents would double every 10 years.  This has resulted in many leasehold purchasers being unable to pay their mortgages.

If you are one of the Leaseholders that feel unfairly treated, then please ask to speak to one of our experienced property Solicitors Victoria, who will happily explain what options you have.

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?

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 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.