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As published in our June bulletin;
The notice periods for rent arrears grounds 8,10 and 11 have changed to:
On 03 August 2021 the government updated ‘Form 3’ to correct a typographical error. This does not affect the validity of the form published 1 June 2021. SWLA stationery has been updated.
A new ‘easy read’ version of the How To Rent guide has been released by Government.
Please note the publication of the ‘easy read’ version of the guide DOES NOT replace the current December 2020 version of the “How to Rent” booklet. Landlords should continue to serve the December 2020 version of the “How to Rent” booklet and only serve the easy to read one as a supplement to the original if needed. The Document is specifically designed to simplify the language and ensure that there is an option for the information in the guide to be accessible, if needed.
Landlords are reminded they MUST serve the latest version of the standard ‘How to Rent’ booklet at the start of a new tenancy. Also rules were brought in 5 years ago making it mandatory that If the document has been updated since the tenant moved in, then landlords also need to serve an updated copy on tenancy renewal, or the creation of a statutory periodic tenancy.
Government link to the ‘easy read’ “How to Rent” Guide. Please note if the link doesn’t open please copy and paste it into your browser.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1004958/How_to_Rent_-_easy_read.pdf
Article abridged from NRLA
From 1 July 2021 to 30 September 2021, buyers can still benefit from not paying Stamp Duty Land Tax (SDLT) on properties that cost up to £250,000 across England and Northern Ireland.
The previous phase of the SDLT holiday (where the nil rate band was previously up to £500,000) helped stimulate the housing market, with estate agents reporting an influx of both buyers and sellers keen to take advantage of cuts to SDLT.
Stamp Duty Land Tax rates will return to the original rates from 1 October 2021. This means the nil rate band will be applicable only on purchases up to £125,000, and 2 per cent up to £250,000. First-time buyers, however, will continue to benefit from relief on purchases up to £300,000.
Seven estate and letting agents have been expelled from membership of The Property Ombudsman (TPO) after failing to comply with parts of the TPO Codes of Practice and pay subsequent awards made by the Ombudsman, totalling £112,257.04.
All of the complaints against the agents were in relation to lettings, most involved multiple complaint cases, and all now appear to have stopped trading. The expelled agents and outstanding awards are:
All of the complaints against the respective agents were independently reviewed and upheld by the Ombudsman, who directed payment of the money to those owed, together with compensation in all the cases. TPO members are required to comply with any award and/or direction given by the Ombudsman and accepted by the complainants. To date, all seven agents have failed to make any payment.
The Ombudsman referred the agent to the scheme’s independent Compliance Committee, which ruled the firms should be expelled from The Property Ombudsman scheme. None of the agents are currently registered with a redress scheme, which is a requirement of every sales and letting agent in order to trade legally. They also do not appear to be members of a Client Money Protection scheme and do not hold any professional memberships. Most no longer have active websites or advertise on any of the main property portals, except for Abbey Properties, which has been reported to Trading Standards.
Gerry Fitzjohn, Non-Executive Director and Chairman of TPO’s Finance Committee: “Cases like these are rare, evidenced by the fact that just 0.1% of all TPO agents are referred to the Compliance Committee. As members of TPO, agents have an obligation to provide a reliable, trustworthy and professional service, and where they are found to fail in this, are obliged to comply with awards made by the Ombudsman. Last year 97% of agents paid awards made. However, in all of these cases, the agents have not co-operated fully and have failed to pay awards made.
I would like to remind agents of their obligation to co-operate with any investigations by TPO. The Ombudsman requires any evidence they can provide and that is their chance to put across their side of the story. While the vast majority of agents do co-operate, those that do not put themselves at greater risk of having a complaint upheld, when The Ombudsman has only the consumer’s evidence to consider. Agents must comply with any award and/or direction made by The Ombudsman against them and pay the Complainant the amount of any such award within the required period for payment. Cases of non-compliance are taken very seriously and are dealt with by our Compliance Committee and/or Trading Standards.”
Article from The Property Ombudsman; https://www.tpos.co.uk/news-media-and-press-releases/press-releases/item/seven-agents-expelled-from-the-property-ombudsman
As the UK transitions into the fourth step of the COVID-19 roadmap, the UK Government has updated its guidance for landlords, tenants, and local authorities.
Updates include;
For the full guidance see; https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/coronavirus-covid-19-guidance-for-landlords-and-tenants
The Grant launch, which coincided with the end of the ban on evictions in Wales on 30 June 2021, is available to anyone who has built up more than eight weeks’ arrears since March 2020 (see eligibility below). The Grant replaces the Tenancy Saver Loan, which offered loans payable over a period of five years to cover arrears; these loans will now be converted to the new Grant to support tenants who have struggled to pay their rent as a direct result of the pandemic.
To apply for a Tenancy Hardship Grant, you must have had financial hardship due to the Covid-19 pandemic that meant that you have not been able to pay your rent.
You will:
PLEASE NOTE, THIS IS APPLICABLE TO TENANTS IN WALES, SWLA ARE CALLING FOR THE GOVERNMENT TO INTRODUCE A SIMILAR SCHEME IN ENGLAND
For further information; https://gov.wales/tenancy-hardship-grant-private-rented-sector-tenants-coronavirus
All information from gov.uk; The end of ‘no fault’ section 21 evictions – House of Commons Library (parliament.uk)
The Government has committed to abolish ‘no-fault’ section 21 evictions in the private rented sector. A Renters’ Reform Bill was promised in the 2019 Queen’s Speech to achieve this. The Bill is awaited. This paper explains the use of section 21 and reactions to its proposed abolition.
On 15 April 2019, the then-Government announced: “Private landlords will no longer be able to evict tenants from their homes at short notice and without good reason.” This was followed by a consultation process in July 2019, with submissions accepted up to 12 October 2019.
The consultation paper proposed the abolition of section 21 of the Housing Act 1988. Section 21 enables private landlords to repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant. Hence it is sometimes referred to as the ‘no-fault’ ground for eviction.
In addition to abolishing section 21, the consultation paper proposed measures to strengthen and extend the Grounds for possession which are preceded by the service of a section 8 notice, particularly where the property is needed for the landlord’s or a family member’s use, and if the landlord wants to sell. Responses to the consultation exercise are being analysed by the Government.
The manifesto included the following commitment:
We will bring in a Better Deal for Renters, including abolishing ‘no-fault’ evictions and only requiring one ‘lifetime’ deposit which moves with the tenant. This will create a fairer rental market: if you’re a tenant, you will be protected from revenge evictions and rogue landlords, and if you’re one of the many good landlords, we will strengthen your rights of possession.
The 2019 Queen’s Speech said a Renters’ Reform Bill would be introduced:
A Renters’ Reform Bill will enhance renters’ security and improve protections for short-term tenants by abolishing “no-fault” evictions and introducing a lifetime deposit.
To date, the Bill has not been introduced. Various bodies, including the Housing, Communities and Local Government Select Committee, have called for the Bill to be fast-tracked to improve protection for tenants affected by the Covid-19 pandemic. There is concern that tenants in financial difficulty who have benefited from temporary restrictions on landlords’ ability to seek repossession, will face homelessness when restrictions are relaxed. The Government has been pressed on timing. In response to the Committee’s interim report on protecting rough sleepers and renters in June 2020, it said:
The Government remains committed to bringing forward legislation to deliver its planned reforms to enhance renters’ security, including by abolishing so-called ‘no-fault’ evictions. However, the proposals for tenancy reform would represent the largest change to renting in 30 years and it is only right that these reforms are taken forward in a considered manner.
On 3 March 2021 the Housing Minister, Christopher Pincher, confirmed the Renters’ Reform Bill will be brought forward “once the urgencies of responding to the pandemic have passed.”
Private tenants, their representative bodies, and others working in the sector have long argued that the ability of landlords to terminate an assured shorthold tenancy (AST) at short notice has a detrimental effect on tenants’ wellbeing. Research has highlighted evidence of tenants being reluctant to exercise their rights to secure repairs and/or challenge rent increases due to the ease with which landlords can evict them. Respondents to a 2018 consultation on, ‘overcoming the barriers to longer tenancies in the private rented sector’, said:
…those renting from private landlords have been left feeling insecure by short fixed-term tenancies, unable to plan for the future or call where they live a home. This insecurity can have wide-ranging effects – from disrupting children’s education and the impact on mental health through to the cost of frequent moves undermining people’s ability to save for a deposit.
There is a clear divide in opinion between organisations advocating on behalf of tenants and those advocating on behalf of private landlords. Broadly, tenant organisations support the abolition of section 21 while landlord bodies oppose it.
The National Residential Landlords Association argues that a reformed and improved court system which has bedded-in, together with improvements to the Grounds for possession, should be introduced before section 21 is amended or abolished. Landlord organisations argue there is a risk of landlords leaving the sector, which could reduce the amount of housing available for people who cannot afford to buy and who cannot access social rented housing.
Scotland legislated to abolish no-fault evictions in respect of tenancies created on or after 1 December 2017. Research into the impact of these changes published by Shelter, a strong proponent of abolition, argues that some of the ‘scare’ stories in England on the potential impact of section 21’s abolition are misplaced.
The Senedd has also legislated to introduce minimum notice periods of six months for tenants in the private rented sector with a standard contract. These provisions are expected to come into force in 2022.
In Northern Ireland, tenancies created after 1 April 2007 are generally ‘non-protected’. If a landlord wishes to end a non-protected tenancy on a no-fault basis, the length of the notice depends on how long the tenant has lived in the property.
The full report can be read here; The end of ‘no-fault’ section 21 evictions (England) (parliament.uk)
Win a van each month until the end of 2021
For a chance to win…. Shop twice in a calendar month and you’ll be automatically entered. Make sure you swipe your TradePoint card in store or are logged into your TradePoint account online*.
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20% off Valspar trade pain, plus your extra 10% off
Landlord Accreditation Training Course – ONLINE
Wednesday 13th October 2021 – 9:00 – 4:30pm
Venue – Online
Price – £65 for members of SWLA, £75 for non – members for one day course.
Course covers ASTs, Deposits, Section 21s, Section 8s, HMOs, Gas and Electrical Safety, Inventories and much more.
The course will provide you with all the skills to start, manage and finish a tenancy.
Places still available. Contact the office on 01752 510913 or info@landlordssouthwest.co.uk to book your place, places only secured on receipt of payment.
Over 990 landlords have already completed this course since September 2011.
Course can lead to Accreditation, if required.
We are proud to announce Landlord Accreditation South West (LASW) are founder members of the West of England Rental Standard.
As a result of the government’s announcement on 14 June 2021 to extend the date for the easing of lockdown restrictions and social distancing measures, the temporary COVID-19 adjusted right to rent checks will now end on 31 August 2021. From 1 September 2021, landlords and letting agents will revert to face-to-face and physical document checks as set out in legislation and guidance. This will ensure landlords and letting agents have sufficient notice to put measures in place to enable face-to-face document checks.
COVID adjusted right to rent checks are carried out remotely as follows:
Many landlords have continued to check their prospective tenant’s right to rent in person throughout the COVID period, this is acceptable, the adjusted measures are a temporary alternative. There is no requirement to carry out retrospective checks on those who had a COVID adjusted check between 30 March 2020 and 31 August 2021 (inclusive).
For further information; https://www.gov.uk/guidance/coronavirus-covid-19-landlord-right-to-rent-checks
**PLEASE NOTE – THIS IS NOT AN SWLA WEBINAR – PLEASE SIGN UP BY CLICKING THE LINK BELOW IF YOU WISH TO ATTEND**
Martyn Taylor of Ashley Taylors Legal invites all SWLA members to the following free landlord webinar;
When – 11am Friday 18th June 2021
Subject- Why am I fighting a disrepair claim when there’s nothing wrong with my property?
Where- Zoom
Martyn will be looking at disrepair defences being commonly used as a delaying tactic by tenants who do not want their landlord claiming possession. Is there a way to avoid this situation? There are many ways of reducing your exposure to this ever increasing risk. The first is knowledge and proper systems to minimise the effect. It will be a very interesting and valuable webinar for landlords to listen in to.
If you would like to sign up, please click the following registration link;
Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN_ceB9ZR_bRMyRuq5L7tFa6w
The webinar is limited to 500 attendees on a first come, first served basis.
On 01 June 2021, possession forms were updated on the government website to reflect the new 4 minimum month notice periods for Section 8 notices and Section 21 notices.
The possession forms on the SWLA database were updated at 12 noon on 03 June 2021, if you printed possession forms prior to that time, please log back in and print again to ensure that you serve the correct notice to your tenant.
If you served your tenant notice anytime after 4.30pm on Friday 28th May 2021, the new form will need to have been used.
Remember to give a few days extra on your notice periods. If you give exactly 4 months, it can be thrown out of court to not giving enough notice to your tenant.
The Home Office has extended the period in which landlords in England can carry out Right to Rent checks by video call by a further month to 20 June 2021.
In April 2021, the UK Government declared that Adjusted Checks carried out with applicants submitting scanned or photographed documents, would end on 16 May 2021. This date has now been pushed back, aligning it with other measures to ease restrictions in England. This revision allows an extra month of virtual checks.
The Home Office has dropped plans for all ‘Covid adjusted’ checks carried out since 20 March 2020, to be repeated with full in-person checks within eight weeks of temporary arrangements ending. Therefore, please note, if you did a virtual check during the Covid period, you do NOT need to carry out a repeated check in person when the measured end.
From 21 June 2021, all landlords will need to revert to in-person Right to Rent Checks in accord with the Code of Practice. The only exception to this will be applicants with a Home Office status who offer a digital share code.
For any Right to Rent queries, visit the gov.uk website or call the landlord helpline on 0300 790 6268.
https://www.gov.uk/guidance/coronavirus-covid-19-landlord-right-to-rent-checks
Tenants with disabilities struggle to find suitable homes. SWLA are supporting a new initiative to encourage landlords to consider adapting their properties.
NRLA released a report ‘Adapting the Private Rented Sector’ which exposes a chronic lack of accessible properties for disabled tenants. Four in five wheelchair users in the Private Rented Sector are living in a home that fails to meet their needs, and 91% have experienced barriers to renting.
According to recent research conducted by the Social Market Foundation, the number of private rented sector (PRS) households headed by a person 65 years or older is set to double by 2046. With this in mind the we believe that now is the time for local authorities and landlords to work together to address this ongoing issue. Taking this important step will help expand the number of adapted homes for UK disabled and older renters, ensuring an inclusive PRS which works for all.
Key to addressing these issues is clearer communication from local authorities to landlords concerning the availability of the Disabled Facilities Grant (DFG), available through local authorities. NRLA research suggests that 79% of landlords had no knowledge of the grants. After finding out more, 68% of landlords were more willing to adapt their properties.
This is a chance for local governments to take a lead on an increasingly important issue by taking practical action now, before the UK’s adaptation challenges become even more acute.
New guidance has been released ‘Adaptations: Good Practice Guidance’ setting out how private landlords can consider requests for adaptations to make their properties more inclusive and accessible.
The simple and fair answer would be no. Head of the ARLA Propertymark Legal Helpline gives reasons here;
“The answer may be “no”. There is a concept in English law which suggests that if a landlord does something – for example serves a notice – and the tenant relies on that to his detriment, then the landlord cannot change his position. The principle is called estoppel.
“It could apply where a tenant received a 6 month notice, made arrangements to view other properties appropriate to that Notice and incurred expenses as a result. If a second Section 21 notice expired before the original 6 month deadline, a tenant could argue that the second notice was effectively invalid.
“Please make sure landlords are aware of the potential risk before serving a second Section 21 Notice if an earlier Notice is still current.”
To be fair to tenants, existing notice periods should be honoured.
Information from the NRLA
**PLEASE NOTE – THIS IS NOT AN SWLA WEBINAR – PLEASE SIGN UP BY CLICKING THE LINK BELOW IF YOU WISH TO ATTEND**
Martyn Taylor of Ashley Taylors Legal invites all SWLA members to the following free landlord webinar;
When – 11am Thursday 20th May 2021
Subject- Strengthening Your Tenancy Agreements
Where- Zoom
Martyn will be looking at both ASTs and Company Lets in this talk and considering the “must haves”, ” good ideas to have” and also “should nots” in your Agreements; to benefit the Landlord and potentially troubleshoot in advance for when things go wrong.
If you would like to sign up, please click the following registration link;
Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN_nFhp7cApRrCA5kmr-KEVGQ
The webinar is limited to 500 attendees on a first come, first served basis.
The government has announced that from 01 June 2021 notice periods in England that are currently six months, will now be reduced to four months.
The following reasons for eviction (via Section 8) will have these notice periods from 01 June 2021;
Notice periods for cases where there is less than four months’ unpaid rent, will reduce to two months’ notice from 01 August 2021.
Subject to Public Health advice notice periods will return to pre-pandemic levels from 01 October 2021.
Financial Support for Tenants
Renters will continue to be supported with living costs, including rent, through the Coronavirus Job Retention Scheme until 30 September 2021.
Financial support remains in place to help people meet their outgoings, including the furlough scheme and the Universal Credit uplift, which have both been extended until the end of September 2021.
The current ban on bailiff-enforced evictions, introduced as an emergency measure during lockdown, will end on 31 May. Bailiffs have been asked not to carry out an eviction if anyone living in the property has COVID-19 symptoms or is self-isolating.
The government have pledged to bring The Renters Reform Bill to Parliament. The Bill is likely to include the scrapping of Section 21 ‘no fault’ evictions, the introduction of lifetime deposits and the introduction of a landlord ombudsman
A white paper is due out later this year which will outline government policy and future changes in the Private Rented Sector.
It is expected that new rules will not come into force until Spring 2023.
It has been brought to our attention by SWLA members that following an Electrical Safety Inspection, some electricians are stating on EICRs that the next Electrical Safety Inspection is due in ‘5 years or change of occupancy.’ This has been causing concern and confusion for landlords as the regulations talk about ‘regular intervals’, not events such as a change of tenancy.
In particular, reg 3(2) says:
(2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—
(a) at intervals of no more than 5 years; or
(b) where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.
Landlords are well aware that between tenants, the electrics are to be visually checked (by landlords if they are competent) to ensure that the property is safe for the new tenant moving in. That along with providing an in date EICR would be sufficient for a landlord to know that the electrical condition of the property is good and that legislative duties have been met. **If any tampering evidence is noticed, or any over use/high turnover of tenants, the landlord should instruct a new Electrical Safety Inspection.**
We have written to Local Authorities, The Ministry of Housing Communities and Local Government, PRS training providers and NICEIC.
The outcome being that a landlord does NOT need to obtain a new EICR upon a change of tenant despite what the certificate says. ‘Change of tenant’ is not an interval.
If any of our members need guidance on this, feel free to call the SWLA office and we will be glad to help.
You Are Invited to the 2021 Bristol City Council Online Landlord & Agent Forum
When – Thursday 13th May 2021 4pm – 5.45pm
Subject – What’s Next For The Private Rented Sector? With Q&A
Guest Speaker – Meera Chindooroy, NRLA
In addition to our guest speaker, there will be presentations from Bristol City Council on working with landlords in the Private Rented Sector to reduce homelessness; fill empty properties as well an update on Universal Credit from the Department for Works and Pensions.
There will be an opportunity to put questions to all the speakers.
Meera is Deputy Director of Campaigns, Public Affairs & Policy at the NRLA. She joined the National Landlords Association (NLA) in May 2018, having previously worked in both policy development and project management for a range of not-for profit and public sector organisations including the Big Lottery Fund and the General Medical Fund.
If you are interested in attending, email: private.landlords@bristol.gov.uk and type into the
subject header: “Register me for the Bristol City Council Landlord & Agent Forum”
Please share this invitation with anyone who may be interested.
You will be sent a link to join prior to Thursday 13 May 2021