The Government has confirmed that before the General Election they will introduce the Renters Reform Bill. This new bill will prevent a landlord from serving a current Section 21 notice on a tenant. This will bring England more in line with Wales (although we are unsure of the details of the Renters Reform Bill and how it will work. We will keep you posted though).

When it does come into force it will mean that if you rent out a property in England you will be unable to serve a notice for 2 months on the basis that you simply want the property back.

Although we do not know the details of the bill, we assume they will be similar to Wales.

Many charities welcome the news, but some feel that landlords will now rush to evict tenants (before the changes come into force), or they will simply sell their rental properties. This will have a detrimental effect on the housing market as there are already insufficient rental properties available. Many rental properties in Wales have a waiting list for views by potential tenants. This is also pushing up the rent for tenants who may be struggling in the current economic climate.

Some Landlord agencies believe that due to the delays within the court system, the landlords will be disadvantaged by the changes.

In Wales we have found that the changes were quite complex leaving Landlords wondering how they can evict any tenants. We are noticing more and more delays happening because landlords have served an invalid notice, or failed to adhere to the regulatory requirements necessary. Some Landlords served a notice for 6 months, only to find that the notice was invalid and had to wait a further 6 months to reserve. Many Solicitors firms are no longer accepting cases from Wales due to the complexity of getting everything correct.

Catherine Watkins from Newbold believes that there will be challenges for Landlords, there has been a number of untested cases in the Welsh Courts and many Landlords have been put off from remaining in the rental market, but with expert guidance and handholding, landlords are finding their way through the maze of statutory changes.

We do all we can to ensure that the advice we give in our blogs are correct at the time of posting, however, the law changes frequently and we are unable to cover all individual circumstances. We ask that you take legal advice before relying on any information within our blogs.

Is this applicable to me?

With the implementation of the new rental legislation in Wales there are new laws surrounding what statutory obligations landlords must adhere to. The ‘Renting Homes (Wales) Act 2016’ brought in many new obligations for landlords which must be complied with.

This new addition to the Renting Homes (Wales) legislation sets out all the obligations if you own a rental property in Wales. Failure to do so could result in the contract-holder (tenant) being able to legally withhold rent if the rental property is not deemed to be fit for human habitation. If the property continues to be unfit for human habitation the contract-holder will be able to seek an order from the Courts requiring the landlord to remedy any problem(s) which are in violation of the regulations.

What happens if I do not comply with these regulations?

Failure to comply with the legislation and regulations could result in a fine of up to £30,000.00 being imposed. If the contract-holder suffers personal injury, loss or damage as a result of the property being unfit for human habitation they could bring proceedings against you in respect of the injury, loss or damage.

What do the regulations entail?

The regulations encompass 29 different issues and circumstances in determining whether a property is fit for human habitation. As well as this there are several statutory requirements in which the landlord must abide by. The property must not be kept in a state of disrepair and an eviction notice cannot be issued if the property is not fit for human habitation.

Converted Assured Shorthold Tenancy and the New Legislation

If you had an existing AST before the implementation of the new legislation you now have a converted occupation contract. Written terms should have been served on the contract-holder by 31 May 2023.  There is a grace period for the implementation of some of the new regulations. However, the grace period is not applicable for all of the statutory regulations some of which should currently be installed in your rental property.  The grace period is coming to an end on 30^th November 2023.

I am unsure on how to proceed – where can I find help?

Further guidance can be found on the gov.uk website. Our team of property litigation experts are on hand to help, so please do not worry about the new regulations! Contact details for our property litigation team can be found below…

by Lorna Williamson

Disclaimer: Please note this article is not intended to be legal advice and is for information purposes only. You should seek advice from a solicitor before relying upon its contents.

Will England be following Wales with the no fault evictions ban?

Landlord-Friendly Delay on No-Fault Eviction Ban Ensures a Balanced Rental Market

In a welcome move for landlords across England, the government has decided to delay the implementation of the proposed ban on "no-fault" evictions, offering landlords a reprieve while prioritising essential court reforms. This decision marks a significant victory for property owners and addresses concerns that a rushed eviction ban could have adverse consequences. Let's delve into why this delay is a positive development for landlords.

Protecting Landlord Rights

The proposed Renters Reform Bill, which sought to prohibit "Section 21" no-fault evictions, raised concerns among landlords. The ability to evict tenants without providing a reason, though often necessary, had become a contentious issue. The delay in implementing the ban provides landlords with much-needed reassurance that their rights and interests are being considered.

A Reasonable Approach

Housing Secretary Michael Gove's decision to prioritise court reforms before introducing the eviction ban is a sensible and balanced approach. It recognises that landlords often face challenges in the legal system when dealing with problematic tenants. By improving the court system and making it more efficient, landlords will have better tools to address issues such as non-payment of rent, anti-social behaviour, or property misuse.

Maintaining a Steady Rental Market

The delay in implementing the eviction ban means that landlords can continue to operate in a market with clear rules and guidelines. This stability is crucial for those who invest in rental properties, as it allows them to plan and manage their investments effectively. A sudden eviction ban could have disrupted the market and potentially driven landlords out, negatively affecting the housing supply.

Ensuring Confidence Among Landlords

The decision to postpone the ban on no-fault evictions should foster confidence among landlords, many of whom have been facing challenges in recent years. The National Residential Landlords Association (NRLA) welcomed the approach, highlighting the importance of ensuring that reforms secure the confidence of responsible landlords.

Preventing Uncertainty

The delay in implementing the ban is a measure to ensure that landlords are not left with unanswered questions and potential legal complications. It provides a clear roadmap for the government to improve the court system, making it more efficient and fair for both landlords and tenants.

Conclusion

The indefinite delay in implementing the ban on "no-fault" evictions is a positive development for landlords, offering reassurance and much-needed stability. By prioritising court reforms, the government is taking a step in the right direction to protect landlords' rights and interests, ultimately benefiting both property owners and tenants. This decision ensures that the rental market remains a viable and attractive option for property investors, contributing to a more balanced housing sector in England.

If you wish to discuss any of the above, then please call our team on 01446700693 or email housing@newboldsolicitors.com

by Zoe Turner - Newbold Solicitors

Disclaimer: all blogs although correct at the time, are not meant to be relied upon in place of instructing a solicitor who can discuss your individual needs. The law changes so frequently that it may not be relevant and this is the reason why we strongly suggest you take legal advice.

TOP TIPS FOR LANDLORDS AND TENANTS - A GUIDE TO YOUR RIGHTS AS A LANDLORD AND A TENANT IN ENGLAND.

THIS BLOG RELATES TO PROPERTIES IN ENGLAND AND NOT WALES

There are so many complex changes in housing law that we cannot cover them all here. We will address a few of the numerous questions that we are asked. We therefore ask that if you have any questions relating to your tenancies, that you contact our dedicated housing team who will be delighted to help you.

Here are just a sample of questions we have been asked to address:

Rent increases:

The first step is to check the tenancy agreement. It is unusual for a rent increase to be permitted within a fixed term contract. Rent can only be increased once a year. A rent review maybe contained in the tenancy agreement. A Tenant can ask for their rent increase to be reviewed if they feel the rent is too much and is unreasonable (Form Rents1 from GOVT.UK) If a rent is reviewed by a tribunal then the rent can go up as well as down. So it is sensible for both a landlord and a tenant to check the local market rent.

If the fixed term of a contract has expired and the tenancy becomes a 'rolling contract', then the Landlord may either offer a new contract (possibly with the increase in rent), or serve notice if the tenant confirms that they cannot afford the new rent in the new contract.

If you are a landlord who is looking to increase their rent then please call one of our knowledgeable and friendly team for support and guidance.

Deposit

A deposit is usually taken to cover any damage (over reasonable wear and tear) caused by the tenant or a pet etc. It should not be more than 1 weeks rent. The Landlord should register that deposit within 30 days of receiving it. If the deposit is not registered in a qualifying scheme, the tenant is due damages/compensation. If you are a tenant and you want to check if your deposit has been registered then you can visit the DPS and/or TDS website. Along with the deposit being registered the tenant should be provided with a guide.

If the deposit is not registered, then there will be issues with obtaining a possession order.

There are ways of still recovering possession, but we suggest you call our housing team for further help.

Eviction

Landlords can evict a tenant if they follow the correct procedure. All the regulations must have been complied with and they must have served a valid notice. Currently in England there are two notices; a S8 notice (for breach of contract) and a S21 (no fault evictions). Westminster will be banning no fault evictions in England and please keep in contact with us so that you can be updated on this. The vast amount of notices that we are given to review are unlawful, it is important for both a landlord and a tenant to have their notices reviewed or (in the case of a landlord) drafted correctly, as lost time costs money. For a tenant, they may not have to leave a property if the notice is invalid.

Disrepair - what are tenants rights where there is damp or damage to a property?

A property must be in a 'good state of repair' in order to be suitable for renting out. The property must be fit for human habitation. The property must have all essential services in good working order (gas, heating, electric, water). The structure of the property must be in good order (windows, rooves etc).

The law has been extended now to cover such things as 'condensation', and this is contained in the housing act 2002.

A tenant who has a complaint should contact their local authority and ask for an environmental health visit. An environmental health officer can serve a notice on a landlord forcing the repairs and handing out fines.

A tenant can claim damages/compensation for any breaches of the repairing covenant.

Can I have pets at the property?

It is difficult for a landlord to unreasonably refuse a well behaved pet. There are measures in place that will soon be made into law, stopping landlords from preventing well behaved family pets from living at a rental property.

Disclaimer: the law in England and Wales is very different and they are constantly changing and developing. The above is for guidance only and not meant to replace legal advice. Please speak to our team on individual issues and we would be delighted to help and assist you in this complex area of law.

Mould can cause respiratory issues. The spores can be breathed into the lungs of people causing serious issues. However, mould is often left untreated in homes, especially private rented properties.

A family from Oldham claimed that their son aged 27 died from living in a rental property where the damp was not remedied by the landlord. The young man suffered with chest pains and then sadly died.

It can be difficult to prove causation between a health condition and living in a property where there is disrepair, but that does not mean a Landlord can get away from allowing the issue to remain. If you live in a property where there is mould or damp, you should contact your local Environmental Health Officer and the office can prosecute the landlord and force the repairs.

It can be difficult to find a law firm that will accept disrepair claims. NewBold may take on certain cases under a no-win-no-fee arrangement.

Not all claims for disrepair are genuine and some unscrupulous tenants will raise unfounded disrepair claims just to put a hold on any possession claims. So if you are a Landlord that feels this has happened, then you may be able to defend the application, you may also be able to make a claim against your letting agent for failure to inspect your property.

If you have any further questions, then please call our housing team for further advice and guidance housing@newboldsolicitors.com

Disclaimer: the above is not intended to be legal advice or medical advice, cases differ and the advice will differ depending on your individual circumstances.