Here is our weekly Newsround and there is no shortage of housing news this week, especially concerning the Renters Reform Bill.
U-turn on Section 21
As I am sure you have all read by we have had a dramatic u turn from the government who say they are not now going to implement the abolition of section 21 until we have a quicker and improved, digital court system. Which will, for example, see anti-social tenants dealt with effectively under better timescales.
The government has been highly criticised for this move, with Labour claiming it has ‘betrayed renters’ and that if the ban was delayed to the end of January 2025 more than 30,000 more notices could be served.
Some Tory backbenchers have defended this move by saying the bill would ‘drive private landlords out of the market’ without having the right court system in place. Rishi Sunak’s spokesperson has said
The bill will deliver on the government’s manifesto commitment to abolish no-fault evictions. On the courts point specifically, obviously it’s right that the courts are ready for what will be the most significant reforms to tenancy law in three decades.
It is obviously right that we put in place the necessary provisions before introducing that power.
He also said that the implementation of the bill would be ‘phased’ and that it is ‘essential that tenants and landlords have swift and effective access to justice once that power comes into force’.
See also here for Gove’s comments to the NRLA Conference on Tuesday, where he said that a healthy private rented sector is a “critical” part of the housing market. And reiterated the importance of ensuring courts process legitimate possession cases more swiftly before section 21 ends.
The second reading of the Bill was passed on Monday, but all eyes are on the government now to see how quickly they can implement a faster and more efficient court system. Good luck with that!
Renters Reform Bill could force landlords to go bankrupt
Des Taylor a housing law specialist is warning that if the Renters Reform bill gets implemented, as drafted landlords could unwittingly be criminalised and be faced with a huge fine that bankrupt them just due to a simple common human error or oversight that they may make, which could then give councils the power to fine then anything up to £30,000 for each single offence.
He says
The Bill will introduce new requirements for landlords to register on a national register and with an ombudsman scheme, to provide meticulously correct paperwork and notice forms to tenants, and to comply with even more standards and regulations. Failure to do any of these things exactly, will expose landlords to the risk of hefty fines from coincils who will have a statutory duty to enforce them under the bill when it is enacted.
LHAs have instead targeted the low-hanging fruit of reasonable landlords, not rogues, and imposed exorbitant fines that are massively disproportionate to the offences, often without proper evidence or due process.
The obvious answer to this issue is that landlords need to take care to ensure that they are well-informed and join a support service such as Landlord Law! If landlords are compliant with the rules, they are protected.
More details announced on the National Portal for landlords
The government’s impending Property Portal has apparently been in testing since February and the government has now given more information on what it will contain. The digital platform will include all privately rented properties in England and will be the basis for applying penalties to landlords who are not conforming.
Basic required information will be gas and electrical certificates, and each landlord will have to confirm that each property meets the Decent Homes Standard.
The Government says
We want the Portal to hold other information, including the property’s energy performance level, and the landlord’s membership of the new Private Rented Sector Landlord Ombudsman.
The Privately Rented Property Portal will provide clear and comprehensive information on landlord duties and responsibilities, helping landlords to demonstrate compliance and navigate their responsibilities.
They also hope that this central digital database will help councils penalise landlords who do not conform or give misleading information. This database will also replicate some of the items on the existing Database of Rogue Landlords and Property Agents.
At the NRLA conference this week Clive Betts, chair of the committee that scrutinises the Department of Levelling Up, Housing and Communities activities, announced that this new portal would mean that there should be fewer selective licencing schemes. He said
I think there will still be requests to operate or renew the kind of local schemes in areas where it’s felt that a more pro-active enforcement of selective licencing would be beneficial.
The number of rental homes accepting pets remains low
A charity behind the Pet Friendly Properties campaign called Battersea has claimed that there are still many rental properties that do not allow pets. They say only 8% of landlords who currently have a property listed for rent allow pets. They are calling for the Renters Reform Bill to become law as soon as possible, hoping that this will address the imbalance.
Michael Webb, Battersea’s Head of Policy says
No one should be forced to choose between giving up their companion or facing the prospect of having nowhere to live, and we sincerely hope that the Renters Reform Bill will help see fewer pets being parted from their loving owners, and more tenants benefiting from the joys of pet ownership in the future.
Thousands of people are also supporting and signing a pledge for the campaign run by Pet Friendly Properties.
However, in point of fact, the Renters Reform Bill will not change things dramatically – if you understand the law. By default (ie if there is no tenancy agreement), tenants can keep a pet, and it is only the tenancy agreement clause which prevents this. Under the Unfair Terms rules, the tenancy agreement pet prohibition clause must provide for tenants to request a pet, which request cannot be unreasonably refused. I discussed this here.
Snippets
Legal matter: terminology, lease or licence, what’s the difference?
Newcastle student union warns of Rental Reform bill ‘chaos’
Landlords fleeced by agent renewal fees. claims online platform
Abusive landlord prosecuted for obstructing council officers
Number of landlords fined for Right to Rent breaches triples
Reform bill ‘won’t help landlords facing rent debt’ admits minister
EPC U-turn: top experts say Eco targets must be reinstated
Newsround will be back next week.