It’s been a tough week to keep up with exactly what’s happening to Section 21. Although this video was recorded shortly before the PMQs during which the Prime Minister appeared to confirm that Section 21 would be abolished, it’s pretty much hit the nail on the head (if I do say so myself!).
It’s been a tough week to keep up with exactly what’s happening to Section 21. Although this video was recorded shortly before the PMQs during which the Prime Minister appeared to confirm that Section 21 would be abolished, it’s pretty much hit the nail on the head (if I do say so myself!).
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 government has announced that landlord notice periods will be reduced to four months, starting from the 1st of June 2021.
Under temporary legislation introduced in August 2020, notice periods were initially increased to three months, and more recently to six months, to provide tenants with greater security in their homes at the height of the pandemic.
Whilst the deadline to end these temporary measures has been pushed back several times, MHCLG has now confirmed that it will begin to taper notice periods, starting with a reduction to four months from the 1st of June. If the government’s Roadmap is successful, notice periods should return to their pre-pandemic levels by the 1st of October 2021.
Notice periods have presumably been tapered in this fashion for two reasons; firstly, so as not to dramatically remove this safety blanket from tenants, and secondly to discourage landlords who have already served their tenant with six months’ notice from re-serving a dramatically shorter notice.
“Subject to the public health advice and progress with the Roadmap, notice periods will return to pre-pandemic levels from 1 October. The measures will ensure renters continue to be protected with longer notice periods for the coming months, while allowing landlords to access justice – 45% of private landlords own just one property and are highly vulnerable to rent arrears.”
Housing Minister Chris Pincher
Notice periods for the most serious cases will remain lower, for example substantial rent arrears. If a tenant has accumulated more than four months’ arrears, they can be served four weeks’ notice to end the tenancy.
It was also announced that evictions will recommence on the 1st of June, meaning that bailiff action can again be enacted. However, there still remains a lengthy backlog of possession claims caused by the court closures in 2020, so landlords will have to show patience as their claims progress towards the eviction stage.
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.
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.
Do you know how many different laws a landlord must comply with?
A recent study by the Residential Landlords Association has revealed the number of different laws that create an obligation on landlords in the private rental sector.
Back in 2010, this figure stood at 118, but has since shot up by a staggering 32% to 156.
With many regulations carrying financial or even criminal penalties if a landlord is found to be in breach of them, this is a stark reminder of how difficult it can be for private landlords to keep up with a sector that is becoming increasingly regulated.
With this in mind, it is perhaps unsurprising that Lord Best’s Regulation of Property Agents working group recommended to the government the wholesale regulation of all lettings agents. These measures, which are expected to be implemented in the next couple of years, would require all staff – from the director to the apprentice – to obtain industry qualifications, and for the company to belong to a regulatory body.
At a time when anybody, regardless of their experience or knowledge, can decide to open a lettings agency, thorough regulation seems sensible.
With 156 separate laws to comply with, tenancy management requires in-depth and up to date industry expertise.
Reside already chooses to be regulated through our membership of ARLA Propertymark, the industry’s main regulatory body, and a quarter of our staff are ARLA-qualified. Our clients can be confident in the knowledge that their tenancies are fully compliant, and in safe hands.
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.
