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.
20% Discount for Blue Light & Defence Discount Service Card Holders
Do you have Defence Discount Service or Blue Light Card?
As a firm NewBold Solicitors are very proud to support those in our community who work within the emergency services and the armed forces. That is why we have teamed up with Blue Light Card and Defence Discount Service to offer all card holders 20% off our legal fees across our services.
We can advise on a number of services including:
- Property Litigation
- Landlord Services
- Tenant Services
- Wills & Probate
- Family Law
- Conveyancing
It has been a difficult year for all of us and especially those working on the front line during the pandemic. We would like to offer our support where we can.
If you would like more information on our services please have a look at the services page of our website or call us on 0330 123 1131.
We hope to be able to assist you soon.
*a valid Blue Light Card or Defence Discount Service card must be presented at the time of instruction for the discount to be applied.
You are eligible for a Blue Light Card if you are an employed and paid staff member of the following:
- NHS
- Police Service
- Ambulance Service
- Fire Service
- HM Prison Service/HMPPS
- NHS Dental Practice
- HM Armed Forces
- MoD Civil Servant
- MoD Fire Service
- MoD Police
- Highways Agency
- Border Force
- Immigration Enforcement
- UK Visas and Immigration
- HM Coastguard
- RNLI
- Search and Rescue
- 4x4 Response
- Blood Bikes
- First Responders
- St Andrews Ambulance
- St John Ambulance
- Social Care
For more information on the cards please visit:
SPRING BUDGET: Summary for Landlords in England
The hotly anticipated Spring Budget has arrived and Landlords are able to breathe a sigh of relief - at least for the time being. The relevant provisions are summarised as follows:
- Stamp Duty Land Tax holiday (for properties in England and Northern Ireland up to £500,000) is extended until 30th June 2021;
- Business rates holiday until end of June 2021 (and discounted rates thereafter)
- An increase on Corporation Tax on company profits is delayed until April 2023, when it will increase to 25% (relevant to both incorporated Landlords and letting agency businesses)
- Capital Gains Tax exemptions are frozen at their 2020-21 levels until 2025-26;
- For Landlords of commercial premises, a £5 billion Restart grant for shops and other businesses;
- The £20.00 a week uplift in Universal Credit (worth an extra £1,000.00 a year) will be extended for a further six months, and the Furlough Scheme is extended until end of September 2021.
Notwithstanding the glimmer of some good news above, industry opinion has criticised the lack of support for Tenants in the Budget - and the inevitable impact this will have on their Landlords.
Whist the Universal Credit and Furlough Scheme will enable Tenants to plan ahead, the fact remains that there has been a lack of support for Tenants during the Covid-19 pandemic, many of whom risk losing their homes and / or damage to their credit scores due to rent arrears. This is likely to have a significant effect on the Government's plans to turn Generation Rent into Generation Buy.
The extension of the Stamp Duty Land Tax is a real boost for homeowners but Tenants appear to have been forgotten in the process. We cannot foresee what will happen in six months time, particularly when such emergency measures such as the Universal Credit uplift and Furlough Scheme may end, and Tenants are likely to be feeling the effect of the Covid-19 pandemic for months ahead. There are calls for the Universal Credit uplift to become permanent, as well as noises being made regarding more social housing and investment in housing benefit. It is thought these types of measures will provide security and safety for Tenants and confidence to seek work which will help to prop up the economic recovery for the difficult times ahead of us.
For more formation on the services we can offer Landlords, please visit our Landlord Services page or call us on 0330 123 1131.
Joanna McBride - Solicitor
Further information relating to the Budget 2021 can be found here.
Renting Homes (Wales) Act 2016
Significant change is almost upon us here in Wales with the hope that the provisions of the Renting Homes (Wales) Act 2016 will be coming into force before April 2021. The main provisions of the Renting Homes (Wales) Act 2016 include:
- Tenancies and licences will be replaced with two types of "occupation contract" and standard terms will be introduced;
- Landlords will be grouped into two groups - Community Landlords and Private Landlords;
- Tenants will be known as "Contract holders" and new provisions will exist for Joint Contract Holders;
- Rented properties must be fit for human habitation. Landlords must keep the structure and exterior of the property in repair and keep installations for the supply of water, gas or electricity, for sanitation, for space heating, and hot water in repair and proper working order;
- Landlords will not be able to evict a contract holder just because they have complained about the condition of the property (retaliatory evictions)
- A new procedure for Landlords to obtain possession of a property that has been abandoned.
It is important to note that when the provisions of the Renting Homes (Wales) Act 2016 come into force, it will apply to all existing tenancy agreements as well as future "Occupation Contracts". Private landlords need to take heed of a wealth of changes to tenancy laws and take all relevant necessary action.
Despite the provisions of the Renting Homes (Wales) Act 2016 Act not yet having come into force, the Welsh Parliament is already considering amendment in the form of the Renting Homes (Amendment)(Wales) Bill and addressing Section 21 eviction proceedings (commonly referred to as the "no fault" possession claim). The Covid-19 pandemic has led to emergency legislation in this area, leading to the Welsh Parliament having to shift focus and identify emerging evidence and changing trends in the housing sector since the Renting Homes (Wales) Act 2016 Act received Royal Assent.
The Housing Minister has reported that eviction proceedings should only be used as an "absolute last resort" and landlord should be proactive and seek to work with the tenant to address issues rather than evict at the outset. Rent Smart Wales is a useful resource for landlords and tenants and can be contacted despite the limitations caused by the Covid-19 pandemic.
The Renting Homes (Wales) 2016 Act and Renting Homes (Amendment)(Wales) Bill are significant as they represent the country's first primary legislation in housing law. Housing law practitioners must take extra care to ensure that the correct legislation is being applied to a particular case, depending on the location of the Property.
We look forward to working with Landlords dealing with the new legislation and the inevitable challenges that they will face.
We offer FREE no-obligation initial expert landlord advice where we can discuss your situation. Please contact us today on 0330 123 1131 or contact us via our Landlord page www.newboldsolicitors.com/services/landlord-services/landlord-solicitors/
Joanna McBride - Solicitor
In order to improve the housing stock in the capital, tenants can now use the online 'checker'. A new online ‘check and challenge’ tool aims to empower tenants in the capital by helping them claim back rent from rogue landlords. Mayor of London Sadiq Khan’s new Property Licence Checker has been set up so tenants can make sense of the many schemes running across London boroughs. It tells them if their landlord or property is licensed and offers help to make rent repayment orders while councils will gather intelligence to target enforcement. Khan says it’s vital that every privately rented property is licensed so landlords can be held to account for the conditions their tenants live in.