HOW TO RENT GUIDE

tenant
Dec 15 | 2020

Landlords are facing major hurdles with obtaining possession proceedings if they fail to serve on their tenants the latest 'how to rent guide'. Landlords need to give tenants the latest version of the How to Rent guide – or risk forfeiting the right to rely on a Section 21 eviction notice. The Government has today published the latest guide with the reminder that it has to be delivered at the start of any new tenancy or renewal. The new version incorporates recent legislative changes such as Minimum Energy Efficiency Standards, the Tenant Fees Act and electrical checks. The guide was introduced five years ago, making it mandatory for landlords to provide the latest version when the tenancy starts and on renewal if there’s been an update to the contents. For a copy of the latest guide 'how to rent', then follow this link or contact this firm for guidance on when it must be served, and what to do if your landlord fails to serve the latest guide on you: How to rent - GOV.UK (www.gov.uk)      

COVID-19 AND SERVICE OF EVICTION NOTICES

eviction, tenant
Sep 24 | 2020

  Are you confused about when you serve a notice seeking possession of  your property and for how long? due to the ever changing legislation, we thought you may benefit from a brief explanation: In England: After 29 August 2020 you must now give at least 6 months notice on your tenants In Wales: If you served a notice after 24 July 2020 you must have given 6 months notice The change in notice period will stay the same until 31 March 2021, although this situation is fluid and you should keep in touch with our blogs and follow us on face book for updates. The stay on possessions being heard at Court was lifted on 20 September 2020.  However you must serve a notice that you intend the Court to proceed with the possession before the Court will list it for a hearing.  There is ever more onus on the Landlord to attempt to find a resolution before making their application for a possession order, so a pre-action letter is ever more important. The lock down and corona virus restrictions have put a huge amount of stress on both Landlords and Tenants, originally it was 2 weeks for a Section 8 notice and 2 months for a Section 21, now it is 6 months.  In Wales we have interest free loans available for tenants who may be unable to pay their rent, because at some stage in the future, Landlords who have mortgages will need to recoup the unpaid rent. Confused? well the changes are fluid and no doubt will change again.  If you are unfamiliar with the changes then you may suffer a financial loss.  So if you have any questions then speak to our team who will be happy to guide you in the right direction.   s

LOCK DOWN AND RENTING

eviction, housing, landlord, conveyancing, tenant
Apr 13 | 2020
CORONA VIRUS AND TENANTS     Many of us are seeing images of a perfect lock down scenario; celebrities playing with their children in perfect gardens, or baking in their contemporary expensive kitchens, but this is sadly not the norm. Most tenants are living in cramp, overcrowded and unsuitable accommodation; they do not have gardens, they do not have the space to enjoy cooking.  3.6 million tenants are living in overcrowding situations and 1.4 million in disrepair.  a quarter of houses in the West Midlands were found unfit for human habitation, yet the Midlands and the North are in the new UK Corona Virus epicentre. Many Local Authorities are continuing to ignore their responsibilities as Landlords and allowing this to continue.  It does not stop due to a lock down. If you are a tenant, you must continue to pay rent, but there is financial and legal help and support available to you; Landlords should offer you solutions during this pandemic.  They should be working with you to resolve your rental problems.  They cannot apply for an eviction order until this pandemic is over, or at least, under control. If you live in cramped, unsuitable, Local Authority Properties, then you do not have to continue to put up with it, you deserve a safe and healthy place to live. If you do not have a housing lawyer who can help tenants with advice and support, then please email housing@newboldsolicitors.com and we may be able to take on your matter under a NO WIN NO FEE policy, offering free telephone advice to give you some guidance and support during this most challenging time. Take the decision to stop living like this and take action.  

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.    

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