Evictions: Nobody likes them. Nobody wants them. And we certainly don’t want to encourage them but sometimes a landlord has no choice.
The law on evictions seems to be in a constant state of change; partly because the government has tried to protect tenants who have suffered financial problems due to COVID-19 although the rules were already tightening up considerably even before COVID struck. Now, there are even more changes.
There is an excellent article on the National Residential Landlords Association website which sets out the most recent https://www.nrla.org.uk/news-breathing-spaces-new-rules-will-give-tenants-break-from-debt. It’s concise and well-written so I won’t try and summarise it – I’ll just recommend that you read it yourself if you are a landlord thinking, for whatever reason about ending a tenancy.
I will quickly mention though, one of the themes it covers – “Breathing Space.” If you haven’t heard of it, it’s a new set of rules the government has just brought in on debt recovery (including potentially rent debts) which are there to give “respite” to “people struggling with debt” https://www.gov.uk/government/news/new-scheme-to-give-people-in-problem-debt-breathing-space-launched The government sees these rules as being particularly relevant to protect people who might have mental health issues, but it should be noted they could potentially apply to anyone with a problem debt.
Breathing Space is definitely something that you should make yourself aware of if you deal with rent arrears. If we hear more about how the new rules start impacting our sector, we will of course let you know.
Sorry – I have to start with a dull reminder but this is a bigger issue than it might look and you need to get this right.
There is a new edition out of the government’s publication, “How to rent.” As you should hopefully know by now, not only must you give a tenant a copy of this at the start of their tenancy, but you must give them whatever is the current version at that time. So – for any new tenancies, please make sure you are providing the latest edition. (For existing tenants; if you gave them the edition that was current when they actually moved in – you don’t need to do anything).
This might seem a small thing but if you get this wrong, you cannot legally serve a section 21 notice to get your property back. The regulations give you a choice about how you can get the information to your tenant. You can either (at your own expense) print them a copy off, or you can send a link by email to the tenant but only if they confirm they are happy to receive it in this way. It is not sufficient to simply tell them it is available online. You must send the specific link. When you’ve done this – it’s a good idea to get the tenant to sign something acknowledging your action.
The blog’s co-editor, Liz Mooney (who is our Landlord Support and Development Officer) wants me to introduce the three staff who do such a great job working on her team. If you ever have to contact us with private sector housing issues or you’ve taken part in one of our landlord events, you may well have encountered them already. They are Megan Sieprawska, Saarika Chander and Maria Price, collectively known (at least to me and Liz) as the ‘A’ Team!
I don’t usually like reading things where people publicise their own organisations – but these three colleagues really do provide some great work for Sandwell’s landlords. Between them, they handle our HMO licensing issues – in itself, a really challenging area of work, cope with all sorts of odd queries, tactfully and cheerfully deal with anyone or anything that comes their way and run our social media. They bring a commitment and ability to innovate and get things done that is a real pleasure to see. That’s not just the opinion of Liz (their boss) and me, (their friend) but of many of the landlords and tenants they deal with day to day.
That’s enough of me being nice for now. It doesn’t happen often but it is nearly Christmas.
Another thing I’m very happy to tell you: we have had some feedback from one of leading local landlords, Jim Halliburton about how he received some excellent help from the new FREE landlord service we provide called ‘Call before you serve.’ They are there to help landlords deal with all sorts of tenant issues and it seems they can be really effective. Technical reasons mean I can’t actually reproduce Jim’s testimonial in this blog but we will be blogging it in full in the new year. Please see our earlier blog about exactly how they can help landlords or you can contact them directly on 07586622202.
Baring emergencies, this will be the last blog of the year, so as always – our thanks to Sandwell landlords for some of the really positive engagement we have had over 2020. To finish, as it’s a special occasion, Liz the invisible co-editor has written her own message so season’s greetings from me and I’ll hand over to Liz.
Oliver
We’ve all had to cope with some horrible circumstances this year and our service has been impacted in all sorts of ways. However, I think I can say that despite everything, our working relationships with landlords have continued to get even better. Social media, online forums and good will from our landlords have allowed us to keep getting our message across. I’m grateful to all the landlords who work with us, but would particularly like to thank Don Robbie of the National and Residential Landlords Association and Carl Bedward, the chair of our Landlord Forum Steering Group, as well as the other steering group members, for all their input. Sandwell landlords are lucky to have such good people looking out for their interests.
It only remains to thank Ollie. I would be lost without him!
Merry Christmas and looking forward to working with everyone in 2021.
Eviction delays (again) and the possible abolition of section 21 notices.
Apologies but for unforeseen and unavoidable reasons, the blog has temporarily been more or less out of action for the last 2 months. But we’re back! Here are a couple of quick updates on the landlord portal and the current restrictions on evictions.
Landlord Portal.
As you probably know, our old version of the landlord portal was discontinued late last year. We have been working on a new improved version but have had various obstacles along the way. We are hopeful the new portal will be in place soon and will make an announcement as soon as we can. Please note that many former users will have to complete a new registration before they can be given access. Obviously, we will tell people what they need to do once arrangements are finalised.
Evictions and section 21 notices.
In March, when the COVID-19 crisis first emerged, the government put in place a temporary block on landlords ending tenancies without tenant agreement and on evictions. These were eventually lifted but new restrictions are now coming in, at least in areas of high COVID-19. In areas with a COVID Tier 2 or Tier 3 alert, courts can award possession against a tenant, but it has been announced that bailiffs (or enforcement agents) will not actually carry out evictions. https://www.landlordtoday.co.uk/breaking-news/2020/10/bailiffs-not-enforcing-possession-court-orders-in-tier-2-and-3-areas. The government is also considering proposals to end Section 21 notices (the standard way to end a tenancy and against which there is no legal defence for tenants). At the moment, this is a proposal only – but be warned, it could happen. If Section 21 goes, the only recourse for landlords would be to serve a Section 8 notice. These can work but there are significant limitations on how and when they can be served and courts can refuse to allow a Section 8 to go through. There are some important things you should be doing to maximise your chances of success in the courts should you ever need to serve a Section 8 notice:
Ensure you have followed all the appropriate regulations about how to manage a tenancy throughout it’s course.
Keep completely accurate records of all aspects of how a tenancy has been managed, so that it can be demonstrated how you have managed the property and keep a completely accurate record of all payments received from or demanded of, the tenant.
Act professionally at all times – even if provoked by a difficult tenant.
We will post on this subject again if more changes on ending tenancies / evictions are announced.
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