BTL - the net tightens; security of tenure; rent protection

[Panamax]

17 May 2023 - Department for Levelling Up

The Renters’ (Reform) Bill, introduced to Parliament today, delivers the Government’s 2019 manifesto commitment to abolish section 21 ‘no fault’ evictions which will empower renters to challenge poor landlords without fear of losing their home. Arbitrary evictions make it impossible for tenants to put down roots and report problems about their home with confidence.

• Will redress the balance between landlords and 4.4 million private rented tenants.
• Support for cost of living pressures with protections for the most vulnerable, and measures to tackle unfair rent increases.
• New blueprint for renters reform will end the injustice of unfit homes and help protect renters from rising cost of living
• We will ban section 21 ‘no-fault’ evictions and extend the Decent Homes Standard to the sector
• We will give tenants stronger powers to challenge rent increases and enable them to be repaid rent for non-decent homes
• It will be illegal for landlords or agents to have blanket bans on renting to families with children or those in receipt of benefits
• We will make it easier for tenants to share their homes with much-loved pets

[Ari]

We will make it easier for tenants to share their homes with much-loved pets

Interesting to see how this shapes up. Pets can be a nightmare (but then, so can tenants I suppose...)

[markiii]

I read the pets bit as they have the right to ask, I guess they can't make it mandatory or it will conflict with a leaseholders responsibility to their freehold contract

Section 21 strikes me as a red herring. realistically why would I want a tenant out? If they aren't paying the rent then it will take just as long to use as S21 as it would to get them out for cause

if you want to sell then just wait until the AST is up

[85Carrera]

markiii said:

Section 21 strikes me as a red herring. realistically why would I want a tenant out? If they aren't paying the rent then it will take just as long to use as S21 as it would to get them out for cause

if you want to sell then just wait until the AST is up

If you agree a fixed term tenancy why shouldn’t the tenant be required to move out at the end of the term?

[Willhire89]

markiii said:

if you want to sell then just wait until the AST is up

I usually let the ASTs go over to periodic after it runs it's term - if this goes through is the smart thing now to always have tenants locked in on a 6 month AST so that the longest point to wait?

[pork911]

hand in hand with other changes

pivot and pack out as an unlicensed hmo for asylum seekers and gov will throw money at you to save on hotel bills

everyone's a winner (except for the asylum seekers, and their neighbours and so most of us as these will spring up)


https://www.theguardian.com/uk-news/2023/may/16/as...

[jimwilli]

So non-fault evictions banned but you can still ask someone to move out at end of their 6/12 (etc) month ast agreement?

[Countdown]

Panamax said:

17 May 2023 - Department for Levelling Up

The Renters’ (Reform) Bill, introduced to Parliament today, delivers the Government’s 2019 manifesto commitment to abolish section 21 ‘no fault’ evictions which will empower renters to challenge poor landlords without fear of losing their home. Arbitrary evictions make it impossible for tenants to put down roots and report problems about their home with confidence.

• Will redress the balance between landlords and 4.4 million private rented tenants.
• Support for cost of living pressures with protections for the most vulnerable, and measures to tackle unfair rent increases.
• New blueprint for renters reform will end the injustice of unfit homes and help protect renters from rising cost of living
• We will ban section 21 ‘no-fault’ evictions and extend the Decent Homes Standard to the sector
• We will give tenants stronger powers to challenge rent increases and enable them to be repaid rent for non-decent homes
• It will be illegal for landlords or agents to have blanket bans on renting to families with children or those in receipt of benefits
• We will make it easier for tenants to share their homes with much-loved pets

Mostly good IMO, and especially the application of the Decent Homes Standard.

[85Carrera]

jimwilli said:

So non-fault evictions banned but you can still ask someone to move out at end of their 6/12 (etc) month ast agreement?

Is this the case? How do you get them out without section 21/proof of default if they decide not to leave?

[davek_964]

85Carrera said:

jimwilli said:

So non-fault evictions banned but you can still ask someone to move out at end of their 6/12 (etc) month ast agreement?

Is this the case? How do you get them out without section 21/proof of default if they decide not to leave?

This is what concerns me.

Although it wasn't a BTL, I have started renting my house out a month ago. Hopefully, it will be fairly painless - but if the tenants turn out to be a pain in the arse, then I would rather they left at the end of the tenancy so I can rent to people who aren't. And I certainly don't want to be in a situation where they say "we're getting a dog".

What are "valid" reasons to ask them to leave under this new bill?

[Willhire89]

85Carrera said:

jimwilli said:

So non-fault evictions banned but you can still ask someone to move out at end of their 6/12 (etc) month ast agreement?

Is this the case? How do you get them out without section 21/proof of default if they decide not to leave?

Surely you/we cannot be forced to issue another AST when the prior one runs out??

No tenancy in the commercial world is effectively trespass - the neighbouring unit to mine is going through this now when he though the would get smart with our LL

Edited by Willhire89 on Wednesday 17th May 13:48

[Puzzles]

Yes I thought that was the idea.

[pork911]

Countdown said:

Mostly good IMO, and especially the application of the Decent Homes Standard.

Not for asylum seekers though

[Portia5]

Aren't there quite a few flatted developments where pets aren't permitted in the building at all via title deeds?

[SpeedBash]

I know it depends how long this bill takes to go through parliament, but assuming smooth sailing through both houses, how long before this comes into law?

[OutInTheShed]

SpeedBash said:

I know it depends how long this bill takes to go through parliament, but assuming smooth sailing through both houses, how long before this comes into law?

And how long before it's followed by rent controls?

I remember back in the 80s, seeing property go very cheaply at auction with sitting tenants.

I imagine this legislation would be very popular, nobody likes landlords. Not even other landlords.

[Newc]

Portia5 said:

Aren't there quite a few flatted developments where pets aren't permitted in the building at all via title deeds?

Yes, very rare I think for a purpose-built block of non-trivial size, where the flat owners are on long leaseholds from the master freeholder, for those leases to allow pets.

So if the owners sublet they won't be able to allow their tenants a pet.

[Simpo Two]

So they impose more and more restrictions on landlords - then wonder why there isn't enough rented property...

Basic problem IMHO is too many people in too small a space. Prices go up - market forces an' all that - and so first, not everyone can afford to buy, then second, they can't afford to rent. Filling every field with new-builds doesn't seem to make much difference.

[blindspot]

jimwilli said:

So non-fault evictions banned but you can still ask someone to move out at end of their 6/12 (etc) month ast agreement?

There will be no more fixed term tenancies. You, as LL, cannot ask them to leave unless for a reason specified in the new S8. Essentially, ASB, severe damage to property, want to sell, want to move in, want to move in close relative. If you use one of these, you may not re-list for rent for 3 months.

You must belong to a redress scheme, and be on the register.

Main one concerning me is that tenants must only give 2 months notice and there does not appear to be any minimum period. Still reading the bill and trying to put the amendments to other acts in context.

[s1962a]

blindspot said:

jimwilli said:

So non-fault evictions banned but you can still ask someone to move out at end of their 6/12 (etc) month ast agreement?

There will be no more fixed term tenancies. You, as LL, cannot ask them to leave unless for a reason specified in the new S8. Essentially, ASB, severe damage to property, want to sell, want to move in, want to move in close relative. If you use one of these, you may not re-list for rent for 3 months.

You must belong to a redress scheme, and be on the register.

Main one concerning me is that tenants must only give 2 months notice and there does not appear to be any minimum period. Still reading the bill and trying to put the amendments to other acts in context.

So if a 6 month tenancy ends, and the tenant says they want to continue renting and pay rent on time, they can just carry on for as long as they want. Is that right?