Another week and another Newsround, let’s see what has been hitting the headlines this week in the housing news.
Latest update on court upgrades
This week when the Renters Reform Bill was being discussed in the House of Lords, Baroness Swinburne provided an update on how the overhaul of the court system is progressing.
She advised that the analogue system was now being worked on to help progress section 8 possessions one new contracts as soon as possible. She said
The digitisation of the processes will follow as soon as possible for the existing contracts, provided that the Lord Chancellor’s court assessment suggests that the system can cope.
She expects to give a further update in the coming weeks for timelines for the Section 21 phases to abolition. She further said
I am a lot more optimistic that new, large digitisation projects can now be delivered on time, and I am confident that we will be able to scope and deliver this as quickly as needed.
She was challenged by Lord Carrington for not publishing details on the metrics of improvement however she challenged this by saying
As these are the largest changes to the private rental sector in over 30 years, it is critical that we introduce them in a way that both protects tenants’ security and retains landlords’ confidence in the new system.
Section 21 court case appeal
A case going forward to appeal, D’Aubigny v Khan could impact how a landlord communicates with their tenant going forward as this case hinges on whether crucial documentation issued at the start of tenancy is deemed as acceptable as being given to the tenants if it has been posted.
In this case the tenant says that they never received the EPC certificate or gas safety certificate which makes the serving of the section 21 notice invalid. Furthermore, they claim that the How to Rent guide and the deposit information should not have been sent to them via the postal system.
They claim that there is no evidence that the documents were ever received and that the landlords need to show evidence that they were.
James Wood of the NRLA says
Such a ruling could mean that many of the time sensitive documents landlords have served would be invalidated.
The case is relying on the interpretation of tenancy agreements and the 1978 Interpretation Act. Initially, the landlord won the case, but now there is a second appeal. If it rules in favour of the tenant, it will mean that landlords will have to make sure that they get their tenant’s signatures confirming that they have received all the crucial documents.
You can read more here.
Note that Landlord Law has a new tenancy receipt form which Landlord Law members can use to get their tenants to confirm receipt of critical documents at the start of a tenancy.
Record number of licensing schemes within councils
Kamma reports that this year is looking like it is the year for the record number of licensing schemes for landlords. There has been 25 new schemes and consultations launched this year already.
Area’s include Liverpool, Manchester, Brighton & Hove, Lewisham and Peterborough to name but a few! Landlords need to be one the ball with the licensing changes that could be happening in their boroughs or risk facing high penalty fees, fines in London have exceeded £10million already.
There is no excuse for landlords who do not apply for the necessary council licenses and the fines are very high. Landlord Law has a comprehensive Local Authority Directory here where you can check if your local council requires the relevant licenses.
Tenants given new guidance for having pets
Propertymark states that since covid, there has been a steady increase in the number of tenants owning pets, and whilst landlords continue to reserve the right to turn down tenants with pets, Propertymark and the NRLA have issued some guidance for tenants to help make this growing situation work better for both parties.
Pets can cause a lot of damage, more wear and tear, lingering smells and pest infestations, so tenants need to show that they are responsible pet owners. Having references and keeping a CV can help. Propertymark says
Your pet’s age, breed, behaviour, training, vaccinations, flea treatments and a reference from your vet and/or previous landlord will help paint a picture of what your pet will be like in the property. Although this is more common for cats and dogs, other animals will benefit from a good reference which reassures the landlord too.
Propertymark also guide tenants on knowing their rights where a pet is concerned, and they state:-
- England – Landlords cannot accept a higher deposit for having a pet, but they can charge you extra rent for having a pet.
- Wales – Landlords can request an additional pet deposit to cover themselves against potential damage.
- Northern Ireland – Landlord cannot accept more than one month’s rent for the deposit.
- Scotland – Where a tenant allows a pet, you can be charged an additional deposit, but any deposit is capped at two months’ rent, including any additional deposit amount.
If you are a landlord Law member, we have a very useful section on ‘Letting to tenants with pets’, which includes a ‘pet agreement & Information form’. You can find all the information here.
Snippets
Landlords blame tax burden and costs for rising rents – Propertymark
Official – Labour will not introduce rent controls if it wins election
Scottish government declares national housing emergency
Landlord Tax Alert – new guidance from HMRC
Landlords selling up leaving 2,000 households a month in England facing homelessness
Tribunal says Foxtons’ cleaning fee was prohibited payment
Welsh government warned against introducing rent controls
Rogue landlords going unpunished, says new report
Newsround will be back next week.
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