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Renter’s Rights Bill – What does it mean for you?

Posted on by prateek

The renter’s rights bill was published last week. It is important to note that the following is not yet law as it must be passed through parliament. Many Landlords are apprehensive about these proposed sweeping changes to the private rental sector. So, let’s explore the bill’s key points and what this means for tenants and landlords.

THE ABOLITION OF SECTION 21 NOTICES –

Section 21 evictions have been long used by landlords as a means of terminating a tenancy agreement without any reason.  This system will be replaced by a new measure that will only permit evictions under certain conditions, such as rent arrears or the landlord wishing to sell up. Whilst this may initially be seen as restrictive, it has been on the horizon for a while as this was also a measure proposed in the Renters Rights Act, the previous bill by the conservative party, and we have previously spoken about the limited impact this change may have.

Going back to the point, landlords in Bath and beyond will now need to follow stricter legal grounds for eviction and ensure that they are treating their tenants fairly and making sure they are not displacing their tenants.

RENTAL INCREASES AND BIDDING WARS –

Rent control mechanisms in the Bill aim to standardize rent increases across the board. It has been proposed that landlords will only be allowed to raise rents once a year and tenants will have the power to challenge this, if they deem the rent increase as excessive, at a tribunal. The aim here is to prevent unfair rental hikes from being used as an undercover eviction. Despite this, Landlords will still be free to increase the rents in line with market rates.

Another significant proposed change is the prohibition of bidding wars. In recent years since the rental market demand has far exceeded supply, there has been an increase in these rental bidding wars where tenants are bidding higher than the advertised rent to secure a property they may know has been garnering a lot of interest. Under the Renters Rights Bill, this practice will be outlawed. Lettings agents and Landlords will be forced to publish a clear asking price for rent and will not be allowed to accept offers over this rate.

DECENT HOMES STANDARD AND AWAAB’S LAW –

The introduction of the Decent Homes Standard into law aims to make sure that all properties in the private rental sector abide by a minimum safety and quality standard. Landlords in Bath and beyond will need to make sure their properties comply with these standards or they will risk facing penalties. This is an expansion of the existing standard that applies to social housing, ensuring those in the private rental sector are entitled to the same level of safety and decency in their homes.

Awaab’s Law, named after a traffic case of a child who died from exposure to mould in social housing, will also be extended to the private rental sector. This will place a legal requirement on landlords to address serious health hazards within a specified time frame. Whilst this may seem like a major regulatory burden, many landlords are already maintaining these standards so will find compliance with these new regulations relatively straightforward.

RENTING WITH PETS –

Another headline from the bill is the enhanced ability for tenants to keep pets. Landlords will no longer be allowed to refuse pet requests without reasonable grounds. However, to address concerns about the potential damage a pet may cause to the property, landlords can now require pet insurance to cover any damage.

STRENGTHENED LOCAL AUTHORITY POWERS –

Local councils will be granted additional powers to enforce the rules laid out in the Bill. This included the ability to levy fines of up to £7,000 for initial breaches of the above, and escalating to £40,000 for repeat offences. Whilst these new powers may be daunting, they are largely targeted at rouge landlords, and those who already comply with existing regulations are likely to be unaffected.

If you have any further questions, then do not hesitate to get in touch and if you would like to read further into this then click the link below ⬇️

https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/82ffc7fb-64b0-4af5-a72e-c24701a5f12a

Reside Review: September 2021

Posted on by prateek

The latest in lettings, from Bath and beyond. This month: pets, notice periods and the Renters’ Reform Bill

Over the course of this year, we have firmly established that demand from tenants is comfortably exceeding property supply, with many tenants struggling to secure their property of choice. Reside’s vital statistics over the last month bear this out – average letting time of 3.5 days, achieving an average of 102% of the advertised rent, and agreeing more lets over the course of September than in any other month since the company’s inception.

At this time of year, we usually urge landlords to bring their property to the market as quickly as possible, to avoid the quiet winter market. Whilst that is still advisable, it is difficult to image demand dwindling during November and December, as there are still a great many home-hunters who have been unable to secure a property.

Supply is bound to reduce further between now and the end of the year, meaning that there will still be fierce competition for those properties that do come to the market.

Pet Deposit Peeve

The government has clarified that it will not revisit the deposit caps that were mandated by the Tenant Fees Act. Conservative MP and pets campaigner Andrew Rosindell has led calls for reforms that would make it easier for tenants with pets to secure properties, and the reintroduction of additional pet deposits was widely considered to be most practical way to achieve this.

Deposits are currently capped at 5 weeks’ rent, or 6 weeks’ for high rent properties. This has seen the majority of landlords adopt a more cautious approach to tenants with pets, due to concerns about additional damage being incurred and not adequately covered by the deposit.

Notice Periods Return to Normal

Notice periods finally returned to their pre-pandemic levels on the 1st of October, for the first time since March 2020. Landlords, who had previously been required to serve three, then six, then four months’ notice on their tenants under Section 21, are again able to serve two months’ notice to bring their tenancy to an end. Tenants, whose notice period remained unaffected throughout the pandemic, can serve one month’s notice to end a tenancy.

Reform In The Pipeline

This year’s Queen’s Speech put us on notice that a significant White Paper would be delivered by the government this Autumn, which will propose significant changes to the private rented sector. Whilst recent comments by Housing Minister Eddie Hughes from the Department of Levelling Up, Housing & Communities have suggested that these are still some weeks away, the minister did clarify that lifetime deposits and Section 21 are very much on the agenda.

We want to get this right. For example if we start from a position of ‘Landlords Bad/Tenants Good’ then the approach might be too stringent for landlords and they’ll be forced out of the market. We don’t want that.
Eddie Hughes MP

Lifetime deposits will allow a tenant to port a single deposit between tenancies, avoiding the need to pay a new deposit at the start of each new tenancy.

Section 21, also known as ‘no-fault evictions’ has long been in the crosshairs of the government, but it remains to be seen how the evictions system will be reformed.

Reside is an award-winning independent letting agent in Bath. Please get in touch if you would like to discuss any aspect of letting or managing your property; we would love to hear from you.

The Great Pet Debate

Posted on by prateek

What does the government’s new stance on pets mean for tenants and landlords?

Despite being a constant threat to Zoom meetings, pets have provided a valuable lifeline during the Covid-19 pandemic; they are known to decrease anxiety, save us from loneliness and help establish daily routines. It is therefore perhaps unsurprising that The Kennel Club has reported a 180% increase in enquiries from potential dog owners, and visits to the puppy fostering pages of the RSPCA website have soared by 600%.

Pet ownership in privately rented properties has, however, never been straightforward. The decision on whether to permit a pet in the property lies entirely with the landlord and, whilst some are very accommodating of their tenants’ requests, others approach the subject with more caution.

Landlord Concerns

So why would a landlord decline a tenant’s request to keep a dog or cat in their home? Usually, it boils down to concerns over increased wear and damage during the tenancy. When a pet is allowed by the landlord, the pet is considered an ‘occupier’ of the property; they will therefore contribute to the fair wear and tear that the landlord must accept is inevitable, for which the tenant must not be held accountable. Many landlords also fear for increased damage over the course of the tenancy and, whilst damage can be attributed to the tenant, the introduction of deposit caps put an end to the practice of additional pet deposits. This has predicated a more cautious approach among many landlords, who feel it sensible to reduce the risk of tenant damages to a minimum.

Another frequently cited reason for declining a pet request is a restrictive covenant in the building’s head lease. An occupier of a property that is subject to a head lease may find that the lease prohibits pets of any kind in the building, usually in an effort to reduce noise complaints between apartments. If this is the case, there is little that a landlord can do to accommodate their tenant’s request.

Pet Consent By Default

Last week, the government updated its standard Assured Shorthold Tenancy Agreement to give tenants more freedom to keep pets in their properties. It is not a requirement to use the government’s model AST, we at Reside use the ARLA Propertymark tenancy agreement, but it perhaps gives us an insight into the government’s future intentions.

Under the new clause in the government’s tenancy agreement, it is deemed that the landlord has granted permission for pets to be kept at the property, unless they provide the tenant with a good reason why this cannot be permitted within 28 days of receiving such a request:

The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept. Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request.

According to a guidance note, a ‘good reason’ to decline a pet request would be ‘large pets in smaller properties or flats, or otherwise properties where having a pet could be impractical’. These definitions are open to interpretation, and it remains to be seen how the government would define this in law.

On The Agenda

Prior to the last general election, the Labour Party outlined a policy that would give renters a default right to keep a pet. With the Conservative government now adopting a similar stance, albeit currently in a non-binding way, there seems to be cross-party support for the initiative. With the Tenant Reform Bill due to be revisited later in the year, it would be no surprise if the government introduced legislation in line with the recent changes to their model AST, something that was perhaps alluded to by Housing Minister Robert Jenrick when launching the new model tenancy agreement: “I’m overhauling our model tenancy contract to encourage more landlords to consider opening their doors to responsible pet owners. And we will be listening to tenants and landlords to see what more we can do to tackle this issue in a way that is fair to both.”

Reside is an award-winning independent letting agent in Bath. Please get in touch if you would like to discuss any aspect of letting or managing your property; we would love to hear from you.