I rent in an HMO with a normal set-up (the landlord lives elsewhere). I have occupied the same lockable room for nearly five years. I am not an excluded licensee, or a property guardian or any other type of unusual renter.
Given the above, is it legit for the landlord to use a licence to occupy rather than a tenancy agreement? I get different answers from different sources (Shelter, Community Law center, solicitor firms).
Some say what happens in practice is what matters, whilst others say the contract and its details determine my status.
My LL uses a licence to occupy that includes a clause saying the licensee is there to provide security. He is a private LL who runs things himself (badly)! If what he is doing is totally legal, I wonder why any LL bothers with a tenancy agreement at all?
In England (although not in Wales), there is a big difference between a tenancy and a license:
Many landlords assume that if they get the occupier to sign a ‘license agreement’, then the occupier cannot have a tenancy. However, this is a big mistake. This was decided in an important legal case in 1988 called Street v. Mountford.
In this case, Mrs Mountford had signed a form of agreement which stated at the end
I understand and accept that a licence in the above form does not and is not intended to give me a tenancy under the Rent Acts
At that time, the Rent Act was the governing legislation and it was hard for landlords to evict due to the high security of tenure given to tenants.
When Mr Street wanted to evict Mrs Mountford a few years later, he used the procedure appropriate for licensees. However, Mrs Mountford defended, claiming that she had a tenancy. The case went all the way up to the House of Lords, where it was held that she had a tenancy.
The case is authority for the rules that
Many landlords are told, often in ‘how to get rich in property’ type training, that they must give ‘licenses’ as it will then be easy for them to evict occupiers, and they will have fewer rights.
This is not correct, though. By default, most occupiers will have a tenancy. If the landlord wrongly gets the tenant to sign a license agreement, this is known as a ‘sham license’ and is a criminal offence for which the landlord can be prosecuted and fined.
Note also that even if the occupier does have a residential license, this will not entitle the landlord to evict them without court proceedings. This will be a criminal offence.
There is a different court procedure for licenses, but landlords still have to get a court order. There are a few exceptions to this, the main ones being lodgers who share living accommodation with their landlords and genuine holiday lets.
It sounds to me as if you have a tenancy and not a license. This may be good news for you, though, as if your landlord tries to evict you using the license procedure, you will have a defence.
If, on the other hand he tries to evict you without getting a court order first, you should go straight to solicitors.
It looks as if your landlord is trying to assert in the agreement that you are a property guardian. But even if you are, this does not necessarily mean that you do not have a tenancy. From what you say though, this assertion is untrue anyway.
Note that in Wales, since the new legislation came into force in December 2022, there is no significant difference between a tenancy and a license.
Both will be ‘occupation contracts’ and have the same rights.
Note that there is more help and guidance for tenants on the Renters Guide website.
The post Do people living in HMOs have licenses or tenancies? appeared first on The Landlord Law Blog.]]>Gloucester council is breaking new ground with an incentivising new scheme for its HMO licensing whereby good landlords will be granted the standard 5 year licence and bad landlords will only get a 12 month one. Reduced payment offers for those landlords that pay penalties on time will also be removed.
And, in addition to this, they are also introducing fines for landlords whose houses do not meet the standard efficiency standards where the EPC is a rating of below an E.
Hitting even harder, those landlords who have properties who fail the electrical standards could be fined up to £30,000.00 along with insufficient carbon monoxide and smoke alarms fines of up to £5000.00.
30% of houses in Gloucester are rented, a statement from the council says
Homes with low EPC ratings take longer to warm up and lose heat quicker, meaning energy bills can be higher and residents are exposed to cold related illnesses.
Poor housing can have a huge effect on people’s lives and can severely affect their health. While the majority of landlords maintain their properties there is a small minority who think that the rules don’t apply to them.
It will be interesting to see if more councils follow the lead of Gloucester council.
Whilst it’s true to say that many are not that impressed with this governments handling of the Renters Reform Bill now some debt advice charities have come together to put even more pressure onto the government. Not only to prioritise the RRB in this parliamentary session but also to call for a new Tenancy Support Programme.
They want to make sure that private landlords take steps ‘to support tenants in financial difficulty to sustain tenancies wherever possible, including referring them to benefits advice and seeking to agree an affordable repayment plan for arrears’.
One of the charities, Step Change’s recent research claims that private renters are twice as likely to have problems with debt than the average person, with 53% finding it hard to keep up with bills and other financial commitments since the beginning of this year. Private renters are now in ‘low financial resilience’, especially those of ill health, unable to get housing via the social sector.
They also want to go further to give judges the authority to suspend evictions where it is evident that landlords have not seeked to help their tenants with resolving their rent arrears in the first instance.
Richard Lane of StepChange Debt Charity says
While a mortgage holder or social tenant has the security of knowing that their lender or housing provider will follow a process of engagement and support if they fall into a difficult spot with their finances, private renters are not afforded the same protections.
The charities say that there is strong public demand for this where private landlords should be legally obliged to offer tenants an affordable repayment plan before eviction proceedings can be initiated.
There is help out there for landlords who find themselves in this situation with their tenants. Landlord Law has teamed up with Julie Ford’s Debt Assessment Services. If you are a member, you can find it here. Julie is a housing advisor who specialises in helping tenants who are in arears by helping them to claim benefits and locating grants to support them.
Tessa and Julie together have also created a kit, the Helping Tenants in Arrears Kit which gives landlords and agents detailed guidance on how to help tenants in arrears and source additional funding for them.
And let’s finish our Newsround this week with some good landlord news articles for a change.
Cherwell District Council has launched a new grant scheme for landlords where they can apply for up to £15,000 to carry home improvements in their rented homes. This is designed to boost the number of quality affordable rented homes. Landlords can apply for this grant to improve energy efficiency, install new bathrooms and kitchens.
Councillor Nicholas Mawer says of the scheme
It is an excellent opportunity for landlords. Not only will they be eligible for an improvement grant, but they’ll also receive peace of mind as the council will provide support with finding tenants, organising viewings for their property and a deposit bond worth 10 weeks of rent.
In addition, the grant can be used to convert a house into an HMO with continued support from the council.
Let’s hope more councils follow this Oxfordshire council.
37 % of Landlords contribute to local economies as they choose to use local tradespeople, shops and services. Aldermore, a specialist lender, claims in new report that landlords spend on average £6003 per year on local services.
The most common services used are electricians at 52%, plumber 50% and handymen at 34%. Landlords trust local shops and services more as they can provide the landlord with good local area knowledge and advice.
Jan Cooper, head of mortgages at Aldermore says
Landlords remain absolutely vital to addressing the UK’s housing demand. Our data shows they’re generous contributors to their local economies as well. Whilst they sometimes get a bad press, there are so many good landlords out there making a really positive difference.
Locations slammed for failing to meet energy efficiency targets
‘Unexploded bombs’: call for action after 11 deaths in UK due to e-bike fires
Rogue landlord ordered to pay more than £220k for illegal conversion
Councils given new powers to tax empty homes
Newsround will be back next week.
The post Landlord Law Newsround #331 appeared first on The Landlord Law Blog.]]>Renting the same property for 10 + years. No written contract since 2012. No problems, rent is always paid on time.
Landlord is now retired and the daughter has taken over. The daughter has stated that she wishes to issue a new tenancy agreement and that the rent will be increased by £350 pm.
My question: she has given us 24 days’ notice. Is that sufficient?
Landlords cannot increase rent just by sending a letter or telling you orally. Rent can only be increased by the landlord in the following ways:
This is normally done by you signing a new tenancy agreement or renewal form. This cannot be challenged once you have signed. But of course, you have a choice whether you sign or not.
If you refuse to agree to the new rent and refuse to sign, then you risk the landlord issuing a Section 21 notice.
However, if you are a good tenant, many landlords will not want all the bother of evicting you through the courts just because you don’t want to pay a higher rent and will be willing to negotiate a rent you can agree to.
Note that rent can also be increased by agreement in other ways, for example, if your landlord requests an increase by letter and you start paying it. This is why you should be wary about paying an increased rent if your landlord has not followed the proper procedure.
This is under section 13 of the Housing Act 1988. It can only be used during a periodic tenancy (which is the case with your tenancy) and can only be used once every 12 months. There is a prescribed form that your landlord must use for this.
If you consider that the rent is above the market rent to the property, you can challenge the rent increase to the First Tier Tribunal. If you don’t do this, and assuming the form is correctly drafted, the new rent will take effect after one month.
This is the only way that rent can be increased dueing a fixed term and will only apply if your tenancy agreement has a valid rent review clause in it.
So this will not apply to your tenancy.
If your landlord is just telling you to pay a higher rent, without following one of the three procedures above, note that you do not have to pay it. You are perfectly entitled to carry on paying your existing rent.
So the notice given in any letter is not relevant.
If your landlord is proposing a new form of tenancy agreement, then this means that although your rent will go up, you will have the security of a further fixed term in the property (as under a periodic tenancy, you can be given notice at any time).
However, it is always worth speaking to your landlord and trying to negotiate a lower rent figure. Particularly if the rent increase is going to put you in financial difficulties.
You are clearly a good tenant, and I suspect your landlord will be sorry to lose you. This would also put them to the trouble and expense of finding a new tenant who may not be as satisfactory as you!
So see what you can do.
The post Can my landlord give me 28 days notice to increase my rent? appeared first on The Landlord Law Blog.]]>The full interview is published on our Landlord Law podcast but I am putting out the interview here in sections.
Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here. Part 5 is here.
In this final part of our interview, Kate discusses the home buying and selling group which is working with the government to improve the buying and selling process. Kate also gives her top tips for landlords.
The post An interview with Kate Faulkner Part 6 appeared first on The Landlord Law Blog.]]>This was alleged in an article in the Sun newspaper. This claims that Michael Gove is being held to ransom by ‘angry Tory MPs’.
An unnamed source is quoted as saying
The Renters Reform Bill looks like it may now collapse and the Tories risk breaking their manifesto commitment to end no fault evictions. Officials are at a total loss given both pro-landlord groups like the National Residential Landlords Association and pro-renters groups like the Renters Reform Coalition want this bill passed ASAP. It seems a small group of landlord MPs, led by Anthony Mangnall, are holding the bill to ransom.
The article goes on to say that Magnall insists that he supports the abolishing of no fault evictions but he and a large number of Tories are concerned about ending fixed terms and replacing them with periodic tenancies, saying
“I want to amend the Bill not to kill it.
It’s my role as a legislator to ensure we pass sensible legislation. We’ve had constructive meetings with Michael Gove.
This is about trying to find the right balance.
We shall have to see how this story develops o
Landlords have not faired well from this weeks budget announcements with the end of a tax scheme that offered tax incentives for landlords of short lets. Mr Hunt said that this ‘regime distorts the housing market depriving local people of affordable homes’. This will take effect from April 2025.
The Chancellor also said that Multiple Dwellings Relief, which gives stamp duty discounts to buyers of multiple properties in one transaction, was ‘being regularly abused’ and this too is to be abolished.
He did however lower the higher rate of property capital gains tax from 28% to 24% in a bid to motivate landlords and second home owners to sell up giving opportunities to first time buyers.
Chief Executive of the NRLA, Ben Beadle exclaimed that this will go nowhere to revitalise the ‘long term investment in quality rented accommodation’ He said
With an average of 11 tenants chasing every home for private rent, social housing waiting lists at 1.3 million, almost 110,000 households in temporary accommodation and the number of first-time buyers slumping, the Budget needed to tackle the housing crisis once and for all. What we got was a deafening silence.
This was a missed opportunity to make providing new homes to rent and buy the priority it desperately needs to be.
We look to see how this will affect the PRS.
The government are proposing to double the maximum legal power of e-bikes from 250 watts to 500 watts. Safety groups such as Electrical Safety First and the fire brigade are concerned that this could increase house fires as the batteries are left unattended in homes whilst they are charged and sub-standard e-bike batteries are already ‘causing devastating fires across the country’.
Even in the government’s proposal they state that the energy capacity could make battery fires more severe.
This is of great concern to landlords who need to have some house rules in place for any tenants that keep e-bikes in their properties and charge the batteries in the property. I reported on this last year in my blog you can read it here.
Furthermore, If you are a Landlord Law member we also deal with this in our tenancy agreements and have an e-bike standard letter that you can use here in which we list the conditions that your tenants can keep an e-bike.
Zero Deposits claim following research that the proportion of private rented properties in England has fallen to its lowest level in ten years and attribute this to the government ignoring the rental sector in favour if homeownership. Despite the availability of rental homes increasing from 4.5 million in 2013 to 4.9 million in 2024, they say that this has not kept up with the ever-increasing demand.
Sam Reynolds, chief executive, says
This market imbalance has been one of the key factors that have caused rents to spiral beyond the realms of affordability and it’s a clear indictment of multiple cabinets that this issue has continued to worsen.
Zero Deposits research also highlighted regional differences in rental property availability along with lack of investment in the PRS.
You can read more here.
A landlord has been fined £1236.86 plus additional charges for failing on her gas safety obligations. She persistently ignored council warnings of producing her gas safety certificate and other documents to the council after her tenant complained to the council for not having and heat or hot water as her gas supply had been cut off due to a gas leak. It was later heard in court that the gas flue was full of builders foam and the gas pipes were corroded.
Tracey Robinson, the landlord went to trial but the court did not accept her reasons of moving house for not receiving the councils letters and she was charged with negligence, and even when she fixed the faults she still failed to produce her gas certificate to the council.
Claire Rowntree, a councillor at Sunderland City Council said
Owning property and being a landlord brings with it important legal and health and safety responsibilities that must be met. These are especially important when it comes to gas safety and utility regulations. Failing to meet these responsibilities can have consequences.
Sefton: Landlord evicting four families on one street
Cardiff: Council tax on empty homes could go up by 300%
Eco-activists slam landlords selling up because of rent controls
Rent arrears soar amid economic woes
Newsround will be back next week.
The post Landlord Law Newsround #330 appeared first on The Landlord Law Blog.]]>Scottish councillors are asking for powers to force private landlords to make their rental properties more energy efficient.
Cllr Ruairi and Cllr Kenny McLean are asking for more flexibility with the grant scheme, Energy Efficient Scotland fund which is currently only available to private landlords with less than three properties.
They claim this is stopping thousands of households from benefitting from using the scheme and putting in energy improvements that are otherwise just unaffordable for landlords. This, in turn, is impacting directly on tenants, especially in deprived areas.
Cllr Kenny Mclean says
We need to remove the barrier of landlords having to pay upfront for work to improve homes. We want ministers to allow the council to do the work compulsorily and get the money back when the property is sold. This is similar to what we do with emergency repairs. We do the work and add the cost to the landlord’s deeds.
The Scottish Government, however, state that they are already helping landlords in becoming more energy efficient via their Private Rented Sector Loan scheme and claim that most landlords own fewer than three rental properties.
Short lets could soon be charged extra for their bin collections and no longer have them collected for ‘free’ in the normal waste collection service and council tax or business tax in Edinburgh. This is to ‘improve street cleanliness’ and follows other councils in England such as Dorset and Oxford.
However, some feel that this is a step too far, Andy Fenner of the Short Term Accommodation Association said
Currently, holiday let owners will either be subject to council tax or business rates. If they pay council tax, then bin collections are included.
Whichever way you look at it, these rentals are already paying someone for this service, so it’s not clear what the justification for an additional charge would be.
This could be yet another change for short lets in Scotland following new rules which came in last October where Airbnb’s and bed and breakfasts now have to obtain a licence before they can advertise to guests.
It is widely speculated that the Renter’s Reform Bill will be amended, or as some state ‘watered down’ and that the government will not implement the banning of Section 21 evictions until the court system has been upgraded and backlogs cleared as it is feared not doing so would cause landlords to sell up, thus reducing the number of rental properties on an already struggling market.
But some MP’s are not happy with this. Tom Darling, Campaign manager of the Renter’s Reform Coalition says that this will put no-fault evictions ‘even further into the long grass’.
Other draft amendments include
A spokesperson for the Department for Levelling Up, Housing and Communities said
We continue to meet regularly with a range of groups, representing all those in the private rented sector.
The NRLA has put out a statement asking for a ‘speedy implementation of the Renter’s Reform Bill to avoid uncertainty’ and it insists that compromises do not equate to either side ‘losing’.
And finally, this week, we finish with some justice on a rogue landlord that has been hit with a 1.44 million Proceeds of Crime penalty!
Ealing Council in west London have finally successfully won a Crown Court hearing against a rogue landlord after decades of disputes and orders against Ali Bahbahani. Mr Bahbahani, a landlord, converted his property into flats and even built an extension with no consultation, planning consent or approval from Ealing Council.
The council had repeatedly issued court applications to have the property restored over a period of ten years, someone else even impersonated him in court as he lived abroad. His property has now been confiscated under the Proceeds of Crime Act, and he has been hit with a £1.44 million penalty. The council is also working with a receiver to recover years of unpaid council tax and business rates.
A council spokesperson said
You must make sure you have planning permission for major changes of any sort to your property. Failure to do so will result in court action and, as we have seen, can be very costly.
Somewhat staggering that it took 10 years to stop this rogue landlord, but justice has prevailed in the long run.
Landlord hit with big fine after ignoring improvement notice
Council threatens hefty fines as landlords struggle with faulty licensing system
Lawyer steps up criticism of Gove’s attack on private landlords
Councils call for eviction notice periods to be doubled to four months
Black mould: How dangerous is it in the home and how can it be treated?
Newsround will be back next week.
The post Landlord Law Newsround #329 appeared first on The Landlord Law Blog.]]>Six signs of incompetent or criminal letting agents which can cost you money
How well do you know your letting agent? Read my blog to find out
Landlord Law Blog Roundup for January 2024
Our roundup of posts for January
Our first Newsround for February
An interview with Kate Faulkner Part 3
In this part we discuss the Renters Reform Bill
Gas Safety & Section 21 Notices: What landlords Need to Know to Evict Lawfully
This was a question asked via my Blog Clinic from a landlord
Weekly housing news and more
An interview with Kate Faulkner Part 4
Listen to Part 4 of my interview with Kate
Our weekly Newsround blog
Urban Myth – you can’t serve a section 21 notice during the fixed term
I clear up the confusion on when a section 21 can legally be served
Can this tenant cancel his tenancy due to neighbour noise?
This was a question asked in my Blog Clinic this week
Landlord Law’s final Newsround for February
What can this landlord do to recover her property from her violent daughter?
A landlord question from my Blog Clinic
An interview with Kate Faulkner Part 5
In part 5 of my interview, Kate and I discuss what Labour could bring to the private rented sector
What is the point of an AST if the tenant can simply refuse to move out after the 12 month period?
Another ‘real life’ question from my popular Blog Clinic
Landlord Law News Blog
For more housing news, follow me on twitter and the Landlord Law Facebook page
Click here to get the weekly roundups sent direct to your email ‘in box’ every week – the easy way to keep up with what’s happening on the blog
The post Landlord Law Blog Roundup for February 2024 appeared first on The Landlord Law Blog.]]>My tenant refused to leave at the expiry of the tenancy though I reminded her the tenancy only had 2 months left to run and I didn’t intend to renew as the property would be needed
She did not at the time indicate or confirm her intention not to vacate but subsequently refused to move, and in court (with the CAB on her side), the notice I gave reminding her was deemed not enough/appropriate
My question then is … Is a landlord required to issue a S21 notice to a tenant at the end of a 12-month tenancy, and if so, then what is the point of the AST if the tenant can simply refuse to move after the 12-month period?
When a landlord rents out a property to a tenant, that tenant acquires certain legal rights. One of which is that the tenant has the right to remain in the property until evicted through the courts. This right is found in the Protection from Eviction Act 1977.
Note that even if you don’t intend to create a tenancy, in virtually all cases, one will be created automatically if you allow someone to live in your property and accept rent from them.
So once your tenant is in occupation, you can only recover vacant possession by:
If, as a property owner, you do not like this, the answer is simple – do not rent out your property! For example, if you are looking for an investment, invest in something else.
A tenancy will be created whether you want one or not, if someone starts living in a property and paying rent. The point of the tenancy agreement is that you can include various terms and rules which will protect your position as landlord.
It will not entitle you to chuck your tenants out the day after the fixed term ends, but it can, for example,
Landlords should never allow tenants into occupation without signing a properly drafted tenancy agreement first.
Where a property has been let for a ‘fixed term’ the rights of the landlord and the tenant at the end of that fixed term are different.
If the tenants vacate before midnight on the last day of the tenancy, then the tenancy will end. So, for example, their obligation to pay rent will also end. The landlord cannot extend the tenant’s liability beyond the fixed term if the tenant leaves.
However, if the tenants remain in the property, then the fixed term tenancy will still end, but a new ‘periodic tenancy’ will be created automatically immediately after the end of the fixed term tenancy. This is under section 5 of the Housing Act 1988. Assuming the tenancy is an assured shorthold tenancy, which most are.
The landlord cannot do anything to prevent this from happening.
The landlord cannot prevent the tenant from remaining in the property and thereby acquiring a periodic tenancy.
If the landlord wants the tenant to vacate (and the tenant refuses to vacate voluntarily), he can only acquire vacant possession if he evicts the tenant using the proper procedure. This will involve
This is described by lawyers as ‘due process’.
The no-fault procedure is set out in section 21 of the Housing Act 1988. Landlords must comply with various ‘pre-requisites’ and serve the correct form of notice, which is now prescribed.
The Section 21 notice can be served during the fixed term, but proceedings for possession cannot start until the fixed term has ended.
Note, by the way, that the no-fault procedure will no longer be available to landlords if the Renters Reform Bill is made law and has come into force. After that, landlords will need to use one of the other grounds for possession as set out in the legislation.
Assuming your tenant has an assured shorthold tenancy (which most do), you will, in most cases, be looking to use the no-fault section 21 procedure. In this case, you need to ensure that you are compliant with the Section 21 rules and serve the correct notice at the proper time.
It sounds as if you failed to do this. In which case, the Judge would have had no alternative but to dismiss your claim.
If a landlord is not familiar with the eviction procedure, then it is best (if the tenants fail to vacate voluntarily) to use solicitors. For example, Landlord Action specialise in this work and are well known for it.
However, if you want to save money and act in person, we do have detailed guidance on Landlord Law which you can read about here.
As I said above, if you are unhappy with tenants having these rights, then the only alternative is not to rent out the property!
Be aware also that the no-fault procedure will no longer be available once the Renters Reform Bill has been made law and come into force.
The post What is the point of an AST if the tenant can simply refuse to move out after the 12-month period? appeared first on The Landlord Law Blog.]]>The full interview is published on our Landlord Law podcast but I am putting out the interview here in sections.
Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here.
In this part, Tessa and Kate discuss Labour’s plans for the private rented sector and what could happen. In particular for schemes to encourage housebuilding and maybe creating flats from larger buildings. Some of which could be used for social housing.
Kate points out that Labour will need to work with landlords and the private rented sector rather than against them.
The post An interview with Kate Faulkner Part 5 appeared first on The Landlord Law Blog.]]>I let my daughter and her boyfriend live in my new home. It’s been 2.5 years, and they’re refusing to move out. There is no rental lease.
They pay no rent, they fight and have changed locks on the door. The police have come several times for verbal disturbance and for neighbours calling because they set off firecrackers. There are strange people coming to my door for them. The boyfriend smokes marijuana and ignores me, saying not to. I’m afraid and intimidated by them.
I’m 58 and disabled. My daughter has hit me, but she’s a nurse and I don’t want her in trouble I just want her to leave
If your daughter pays no rent, then is it arguable that this is not a tenancy and that your daughter would have no defence to any legal proceedings brought to evict her.
However, I do not think this is something you should handle yourself. You need to instruct solicitors. It may be that if they serve notice on them and your daughter and her boyfriend know that you have instructed solicitors, they will move out of their own accord.
Otherwise, if they are still unwilling to vacate the only legal way to remove them is via possession proceedings through the courts.
I suspect that you may not be in a position to pay substantial solicitors’ costs. Here are some options for you:
To anyone reading this, this is a classic example of why it is often unwise to allow family members and friends to stay in your property. All too often, it leads to problems.
Have any readers had experience with this sort of situation?
The post What can this landlord do to recover her property from her violent daughter? appeared first on The Landlord Law Blog.]]>
Homelet, a referencing agency has carried out recent research that fraudulent tenancy applications have quadrupled in the last two years with a surge of fake tenancies applications of a staggering 200 a day.
False tenancy applications are now the fastest growing area of housing fraud costing as estimated £60.1m in the UK alone, with false bank statements being the highest with 89% of applicants declined due to fraudulent bank statements. Homelet say that due to the housing shortage and fierce competition it is driving tenants to extreme measures.
Andy Halstead, chief executive officier of Homelet and Let Alliance says with landlords exiting the market, lack of housing supply and tenants battling with at least 20 other people to secure a property it has lead to extreme measures from tenants, he adds
As a result, we’re seeing fraudulent activity surging. Not only from career criminals, who are cashing in on the chaos but from people who would never dare commit fraud out of desperation to secure a property.
There are no winners in the rental industry at the moment, and without drastic change, it will be the same for the next few years. What the government fail to understand is the huge problems they have.
He states that the ‘old’ way of completing references is not up to today’s and tomorrow’s market. Food for thought there.
The government has announced that from this summer all holiday lets will be under new controls and will have to sign up to a mandatory national registration scheme. This is stop local people from being priced out and unable to live in their own community, and make local housing more affordable for them. Hotels, hostels & B&B’s are excluded.
The Department for Levelling Up, Housing and Communities have said that this will give councils the power to require planning permission for properties that go so short term lets, should they need to. Existing short term lets would automatically be reclassified.
The new register will give councils the ability know how many short term lets they have in their boroughs and what effect they are having on the local community along with ensuring the short term lets are complying to health and safety regulations.
Opinions are varied Airbnb welcomed the changes whilst Generation Rent had ‘significant doubt’ over whether the changes to the planning system would be enforceable. Chief Exec Ben Twomey said
Proposals to allow existing short term lets to automatically gain permission to continue risks shutting the stable door once the horse has bolted.
Michael Gove, Housing Secretary said the changes ‘strike the right balance between protecting the visitor economy and ensuring local people get the homes they need’. However Rachael Maclean was far from impressed and slammed the proposals as not going far enough saying
The changes … will not bring any of the hundreds of thousands of lost homes back, instead the new rules will reinforce their holiday-let status by automatically granting them retrospective planning permission.
She said that there would be a flurry of new holiday lets and remaining property would be snapped up before the controls come into force.
A survey carried out by OSB, a finance house claims that 69% of landlords are planning to increase their property portfolio, and 42% are still optimistic about their future.
With high percentages like this it is no surprise that two thirds of landlords planning and investing now to keep ahead of all the legislative changes that they need to adhere to, and 68% spend more time thinking how they can improve the tenant experience engaging more with their tenants to better understand their needs and promote a positive relationship.
Jon Hall, Group MD of mortgages and savings at OSB group commented
Landlords play a critical role in society, and this research clearly demonstrates that they are optimistic and committed to the future of the sector.
The actions landlords are taking, such as future financial planning, investing in the growth of their businesses, and building better tenant relationships, are a clear sign of their drive to improve the PRS for the long-term despite the many headwinds.
Some positive news for a change.
Generation Rent is pushing for rent controls to be part of the election process. Ben Twomey, the chief exec states that many key workers are being priced out of the rental market in big cities and for in order for the cities to survive they need to cater for key workers. He is calling for all candidates in May’s elections to back his idea. He says
The current cost of renting crisis is devastating London’s communities. It is vital that England’s Metro Mayors have the power to slam the brakes on local rents and give our key workers the breathing space they need to live and work in their community. It is also vital that the mayor and the government build more affordable homes in the capital and increase how much social housing is available.
Generations Rent’s analysis shows that no borough in Inner London is affordable for essential workers in the education, social care, healthcare, retail, commerce and hospitality industries.
Big suburban council to extend £950 licencing scheme
Crawley Council could declare housing emergency
Rees-Mogg savages Tory party’s rental sector policies
Optimism amongst landlords landlords despite tsunami of attacks – survey
Licensing scheme fees based on landlords’ past performance
Most tenants and landlords say Tory PRS policies ‘wrong’
Almost 10m UK households living in ‘cold, damp, poorly insulated homes’
Newsround will be back next week.
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I live in a private rental flat with the lease ending in six months. My upstairs neighbour who owns her flat has not installed carpets on her floors, which is a breach of her lease, and the noise travels through to my flat, which disturbs me 24/7.
I have spoken to her, but she refused to do anything.
I have given the Council a copy of the noise diary, but they have not been in touch. My agency has the same information and has contacted the freeholder about this.
As far as I understand the current situation the agency, as well as the freeholder, are not going to do anything about it in the near future but forcing me to continue paying the rent.
Is there a case here and I can end my tenancy legally?
I think it is unlikely. The problem you have is caused by your neighbour. It is not caused by your landlord or his agents. They have no control over your neighbour’s behaviour and are not liable to you for any problems she may cause.
There are only two organisations which could take action:
You have been in touch with the council, and the agents have been in touch with the freeholder, neither of whom have done anything.
So far as the freeholder is concerned, your landlord, through his agents, have probably complied with their obligations to you by contacting them and asking them to take action. They cannot force the freeholder to do anything without taking expensive legal action.
Which, even if they could fund this, is not guaranteed to succeed.
So far as the Council is concerned, the action they could take would be to send out an officer to monitor the noise. If the officer considered the noise to be sufficiently serious, they could then request your neighbour to take action, failing which they could issue a warning notice and, if this was not complied with, bring court proceedings. We have a post here where a Local Authority did that.
However, that was a considerably more serious case and was brought in 2012 when Councils had better funding. Today, all Councils are struggling financially, and they will probably consider this to be a low priority, bearing in mind all the other serious issues they have to deal with.
So, I am not surprised that they have not responded. There is a gov.uk page here with further information on the Council’s powers for noise nuisance.
The only other suggestion I have is for you to check very carefully the rental particulars that were provided to you before you rented the flat.
For example, if they described the flat as ‘quiet’ you may have cause to complain about misrepresentation.
If they have records of past tenants complaining about this, they may be criticised for failing to warn you about it.
If on checking the information that you have you think that the agents did misrepresent the property to you, this may be the basis of a complaint to their Property Redress Scheme.
There is also a procedure under the consumer legislation which you can use to ‘unwind’ your tenancy if you signed the tenancy after being misled but if your landlord refuses to agree, you would need to apply to the Court. If you are considering this you should take legal advice. There is a time limit of 90 days from the start of the tenancy, so do not delay.
If you want to take further advice once you have checked your records, there is a telephone advice service on the Renters Guide website.
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