LL Newsletter - March 2020
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No fault formal two months’ notice<br />
(Section 21) to be abolished<br />
At the state opening of Parliament in December of last year, the<br />
Queen announced the Renters Reform Bill. This will abolish the use of<br />
“no fault” evictions by landlords by removing the Section 21 Notice.<br />
This will mean landlords will not be able<br />
to have guaranteed possession of their<br />
property unless the tenant is either causing<br />
a nuisance, not paying the rent or is not<br />
looking after their home. However, other<br />
main elements of the Bill give landlords more<br />
rights to gain possession if the tenants are in<br />
breach of their agreement.<br />
The alternative at present is the Section 8<br />
notice where the notice is shorter than two<br />
months but is very complex, costly and a<br />
judge has too much discretion on the day in<br />
court. This is the reason why legal advisers<br />
prefer to use the Section 21 notice when<br />
going to court because the judge has to grant<br />
possession. Landlords are forced to wait for<br />
months and more often than not, they go to<br />
court for rent arrears so, by the time a date<br />
is given, landlords can be at least 6 months<br />
without rent.<br />
Most of Symonds & Sampson’s long-term<br />
landlords do not give their tenants notice<br />
symondsandsampson.co.uk<br />
preferring a tenant to stay long term<br />
providing rent is paid and the property is<br />
well cared for. A recent survey from the<br />
regulatory body, ARLA Propertymark, proves<br />
this is the norm throughout England.<br />
• 57% of their members have issued less<br />
than ten Section 21 notices in the past<br />
two years.<br />
• 39% of their members have not issued<br />
Section 8 notices in the past two years.<br />
• 48% of their members said the cost of<br />
a single case at a hearing is between<br />
£1000 and £5000.<br />
Rachael James, Head of Lettings, comments<br />
“If the Section 21 is scrapped, Section 8 will<br />
need to be completely reformed. Landlords<br />
must be able to gain possession easier, and<br />
with less cost, one suggestion is a specialist<br />
housing court. We welcome a reform to the<br />
possession procedure but very much hope<br />
the government listens to the advice of the<br />
industry very carefully”.<br />
To subscribe to our Landlords <strong>Newsletter</strong>, please email:<br />
pm@symondsandsampson.co.uk<br />
Electrical Safety Regulations to come into force<br />
Formal legislation requiring electrical installation inspections and testing to<br />
be carried out for all rental properties has been provisionally approved, and<br />
will come into effect this year. Lucy Nolan shares the highlights.<br />
The Government has laid out The Electrical<br />
Safety Standards in the Private Rented Sector<br />
(England) Regulations <strong>2020</strong>, which specify<br />
that every fixed electrical installation within<br />
a rented property is inspected by a qualified<br />
person prior to a tenancy commencing, and<br />
thereafter at least every five years (or more<br />
frequently where the report states).<br />
The landlord must obtain a copy of the<br />
report, which must be given to the tenant:<br />
• Before they move into a tenancy<br />
commencing on or after 1st July <strong>2020</strong><br />
(or to any prospective tenant due to<br />
start a tenancy on or after that date<br />
within 28 days of a request).<br />
• By 1st April 2021 in relation to an<br />
existing tenancy.<br />
Symonds & Sampson have considered it<br />
compulsory for their landlords to ensure<br />
safety and duty of care for their client’s<br />
tenants for many years, and therefore sought<br />
to provide an electrical safety inspection<br />
as a matter of course. Clarification of<br />
requirement in law is certainly very welcome.<br />
Other details:<br />
• Upon request, the report must be<br />
provided to the local housing authority<br />
within 7 days.<br />
• The private landlord must supply a copy<br />
of the current report to any new tenant<br />
before occupation,<br />
• The Regulations require local housing<br />
authorities to enforce the rules and they<br />
have the power to arrange remedial<br />
action.<br />
• Proven breaches of the Regulations<br />
can result in the local housing authority<br />
imposing a financial penalty of up to<br />
£30,000.<br />
symondsandsampson.co.uk<br />
Septic Tanks,<br />
Treatment Plants<br />
and Cess Pits<br />
The General Binding Rules (GBRS)<br />
created by the Environmental Permitting<br />
Regulations 2014 apply to properties<br />
with a private drainage system. There<br />
is an obligation on a landlord to ensure<br />
that the system complies with these<br />
regulations, and steps that must be<br />
taken if not. Whilst we can outline<br />
the requirements of the regulations,<br />
our Surveying department on 01202<br />
843190 can give further advice.<br />
It is also essential that the operator<br />
(the occupier) ensures the systems are<br />
emptied and serviced regularly. Tenants<br />
do have an obligation as the operator of<br />
the system and we will be giving them<br />
specific instructions on the matter prior<br />
to the tenancy commencing.