Dr Rosalind Beck

I would have thought that the main issue for a judge would be whether the deposit had been protected within the 30 days, rather than when the PI had been issued. A positive in issuing before the deposit has been protected is that it is helping to inform and reassure the tenant at an earlier stage that their money will be held in a reputable way. As judges have discretion regarding penalties related to deposit protection, maybe they would veer towards a smaller fine if a case like this was brought - possibly making claims less likely if there's not a big pot of cash at the end of it for the lawyer and tenant so share?... Read More

Persuading the Welsh Government to lobby Westminster to repeal Section 24 is the main tax issue. It should be taking centre stage, but doesn't appear to be.... Read More

I've got two words for the smug BTR brigade and their tiny percentage of the private rental sector: 'rent controls.'... Read More

Thanks, Dale.
Presumably our English counterparts will face a similar administrative nightmare with the new English Act, when it comes into force. This whole thing in Wales has been exhausting and so unnecessary. I thought I had it all sorted when I'd issued all my new contracts, but to then have to issue ones that pre-date the new ones... well, you couldn't make it up. They could have just said all new agreements would in fact be contracts and come under the new regime. But of course they don't care what they put us all through.... Read More

Hi.
I'm not an expert on which would be the best course of action for you. What I do know is that you need to get your skates on as you need a valid occupation contract in place by the 31st of May.... Read More

Hi Paul
I have been in conversation with the Guild of Residential Landlords on this and it is my understanding that converting the contracts is practically impossible. They therefore (obviously) recommend new contracts in all instances. I'm working on a stack of them now. I have some fixed contracts which come out end of June 2023, so I am aiming to issue 'replacement' contracts to run from 1st of January to 30th of June. This covers the 'minimum' length of tenancy that is now mandatory in Wales. One can then only hope that if new tenants are lined up for 1st of July, that the current ones leave. It might be best to wait until May or June before signing any new ones to other people - especially given the acute shortage of rentals - many people will want or need to stay put. In general the Guild is recommending 'periodic' tenancies though and not fixed ones (these are more suitable for student-type lets).... Read More

I believe the following statement is incorrect. Happy to be proven wrong. It is my understanding that a new EPC is not needed for tenants in situ, even if they are given their notice.

'Remember - if the EPC runs out on a rental property while occupied and the tenants are asked to leave- You cannot serve a notice for your property without a valid EPC for that property- So if they Tenants decide to not give access to you or the Energy assessor- You are a bit stuck.'... Read More

This brilliant result wasn't from a group of 'lawyers' - it was from Chris at Possession Friend. What a brilliant result for the landlord - with Chris even making sure they got the compensation they deserved.... Read More

Well done, Chris. It's an excellent result. But how sad for Lee to have had all the stress, worry and expense of this. It's so unjust. It would be good if there was a way of making the tenant and/or Shelter not only pay what they owed, but all the legal costs incurred by the landlord. I remember this happening in a case recently but forget the details.... Read More

I imagine the help received goes along these lines:

Client: I desperately need somewhere to live.
Shelter: I'm very sorry to hear that.
Client: Can I stay in one of your hostels?
Shelter: We don't have any.
Client: Well can you sort me other accommodation?
Shelter: No, we don't provide any roofs over anyone's head, but we can make sympathetic noises.
Client: P*** off then!... Read More

Hi Melissa
A big question is how will landlords be able to definitively work out what work will bring their energy rating to a C. This is by no means clear. They could spend a lot of money only to miss the C rating by a point or more. Also, who on earth will do all this work? Where are the tradespeople to do this and how will they sort out 3 million homes in a short space of time? What will they charge - since they will know they have landlords over a barrel? If landlords can't do the work in time then what will they do? Evict their tenants or face huge fines? What if they can't get possession of their properties and the tenants out in time - especially given all the additional obstacles the UK governments have put in their way? One could have a rogue tenant who won't leave putting the landlord in the position of facing a huge fine for housing them without a C rating. I'm sure others can add to this huge range of problems that the Westminster Government seems to be oblivious about or frankly, just don't care about.... Read More

In cases where the landlord tries to gain possession of the property, but the various UK governments are preventing them through long notices, closure of courts and long waiting lists etc., then perhaps if the tenants are still in situ at the given date - despite the landlords' best efforts - and the EPC isn't at C, the governments can fine themselves £30,000 per property as it will be their fault that properties are occupied when they shouldn't be. They can also congratulate themselves on huge B& B bills, as landlords evict en masse.... Read More

Hi Luke
The way I read it - it's confusing - is that a D will be necessary earlier in Scotland.... Read More

Hi Luke
I've not seen that anywhere. As far as I know, the leap is straight from E to C.... Read More

Absolutely, Luke. They are scapegoating one group of people as though that will magically create affordable housing. The Welsh Government is making a complete shower of their other reforms - having open-ended tenancies whereby tenants can leave when they want with a month's notice, but landlords are stuck with tenants for long periods was already a terrible move. Their current 6-month notice periods in the PRS are also ruinous. This attacking of second-home owners is also just the destructive politics of envy, as you say. They're hiding behind one report, as though that provides gravitas to their stupidity.... Read More

Dr Julie Rugg has a good track record in producing balanced reports on the private rented sector, which unusually in the field are not implicitly or explicitly anti-landlord. I've only read the synopsis, so don't know if she has also covered the disincentive of Section 24 and how this needs to be repealed, but it is good that she has raised the issue of hugely disproportionate and unjust fines, which can be levied on decent landlords who rent out a safe and affordable house, but didn't know they needed a certain piece of paper - or even have the paper (eg a gas safety certificate) but can't prove they handed over a copy to a tenant by a certain date. This kind of thing is farcical and contrary to natural justice.

As for the Nationwide Foundation, although it is good it has funded this work, Nationwide must stop funding Shelter, which as we know, has a virulent anti-landlord attitude in all that it does. I also consider it rather arrogant that the Foundation believes it can transform the private rented sector. I think the millions of private landlords would be best-placed to advise on this - and certainly not Nationwide in conjunction with Shelter, with its hugely destructive approach.... Read More

If she is on benefits, it would be a good idea to fill in a UC47 if you haven't already, in order to at least get the Housing Benefit element paid directly to you and lessen your losses.... Read More

Yes, same here David. Just quote the law and the judge gets all excited and awards twice the rent from the point at which they said they would leave to when they actually go.... Read More

Also, keep the letter saying she will move out on the 13th of June as if she doesn't move out then you will be entitled to charge double rent from that point until the date you get possession. You can also use this fact as leverage if necessary. The relevant act is ancient, so you would need to check if it is still current ( I used it successfully maybe 10 years ago):

'Double rent is covered in the Distress for Rent Act 1737 and permits a landlord to demand two times the amount of rent from the tenant.'... Read More

Matt Hancock has warned the EU of the severe consequences of breaking contract law, in relation to the vaccine orders the UK has with private companies in the EU.
This is sheer hypocrisy from the Government as it has interfered with private landlords' contracts with tenants for the last year, forcing landlords to house non-paying tenants for far longer than contracts specify. Surely there should have been a legal challenge of this.... Read More