The Renters’ Rights Bill: What tenants need to know

The Renters’ Rights Bill: What tenants need to know

9:27 AM, 11th October 2024, About 2 months ago 19

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Hey tenants, while you may be excited about the potential benefits of the Renters’ Rights Bill, it’s important to consider what the potential impact will be on your renting life.

I know it all sounds like sunshine and flowers at the moment, but I don’t think you will like it.

Firstly, Labour’s aim to ‘level the playing field’ does more than that. It tilts the field in your favour.

That’s good, right? No, it’s not and here I’m going to explain why.

The notion that landlords can’t refuse to rent to tenants on benefits is a good place to start.

Tenants on benefits can’t afford to rent most rental homes and very soon, they’ll struggle to find a landlord who will want to rent to them.

But how can that be, I hear your tenant campaign friends at Generation Rent wail.

Well, one easy way is to make the referencing process stricter.

That will see the need for a guarantor. A home-owning guarantor, preferably.

Can’t or won’t pay the rent? No problem, let’s get your guarantor to pay.

Referencing also means that if you’ve had arrears before, then it’s a ‘Nope’ from me.

Poor credit history? Nope.

Want to keep a pet? Landlords won’t be able to ‘unreasonably’ refuse the request.

Leaving aside the number of tenants who don’t ask permission, this is an interesting one.

Most landlords will be OK with pets, especially with the promise of having insurance to cover the potential damage.

But here’s the kicker. Why should a tenant with a glass case of snails be considered the same as someone with a football team of Bully XLs?

We can’t act on rent arrears

Another big issue is the notion we can’t act on rent arrears until we get to three months. Really?

We allow a tenant to live for free in our property while we might have to pay the mortgage. I don’t think so.

Then we’ll get stuck in the legal process of trying to evict for non-payment which means still no rent and the landlord going into debt.

I’m also rather worried about Angela Rayner’s aim to prevent evictions for ‘economic reasons’.

There’s no clarity about what that actually means but I’m guessing that arrears not being a ground for possession will have a devasting consequence.

We will have no choice but to sell. The alternative is a non-paying tenant who we can’t evict – ever!

Which brings me to the ending of Section 21 so-called ‘no-fault’ evictions doesn’t mean you are being evicted without reason.

I’m sick of explaining this ad nauseum because there is always a reason.

It might be arrears, for anti-social behaviour or the landlord wants to sell.

It’s our property and we should be allowed to do what we want with it.

I’ve said that I’m looking forward to having to give reasons for eviction because we will see the true scale of the reasons why evictions are happening. It’s going to be a surprise to learn that possession isn’t done for ‘no reason’.

It also means we won’t see eviction numbers fall, and tenants will still – unfortunately – be made homeless.

Landlords decide to sell

So, the upshot is that fed-up landlords will decide to sell, and those rental homes will leave the sector. Fewer homes mean higher rents.

This simple lesson in economics is not the landlord’s fault. It really isn’t.

Here’s a quick rundown of other issues that tenants need to appreciate:

Security of tenure

  • Tenants want: Protection from eviction without good reason
  • Landlords want: Repossess our properties if we need to sell or carry out essential repairs

Rent controls

  • Tenants want: Rent controls to help make housing more affordable for tenants
  • Landlords want: No rent controls since this will discourage PRS investment – plus rent controls have never worked anywhere in the world (see Scotland…)

Condition of properties

  • Tenants want: The right to live in safe and habitable properties
  • Landlords want: Tenants to be responsible for looking after the properties they live in (Most landlords offer quality homes anyway…)

Landlord database

  • Tenants want: The details of the landlord and record of the property (landlords have to give their contact details currently)
  • Landlords want: A rogue tenant database to help protect landlords from renting to tenants with a poor track record

Bidding wars

  • Tenants want: An end to bidding wars
  • Landlords want: Not to be blamed for tenants over-bidding on a property because there’s nowhere else to rent

Decent Homes

  • Tenants want: The Decent Homes Standard to meet a minimum level of quality and safety
  • Landlords want: A standard that is fair – and enforced so criminal landlords can’t escape it

Enforcement

  • Tenants want: Local authorities with powers to enforce the law and protect tenants’ rights
  • Landlords want: An end to selective licensing and for councils to actually inspect rented homes instead of just taking the licensing cash

Ombudsman service

  • Tenants want: An ombudsman service to help resolve disputes between landlords and tenants
  • Landlords want: An ombudsman service that is fair and equitable without a political axe to grind.

How it affects landlords

If, as a tenant, you are for the Renters’ Rights Bill, regardless of how it affects landlords then ask yourself this question: If YOU were a landlord, would you support the Bill? If not, why not?

The problem is that landlords are being put at a distinct disadvantage and are more likely to sell.

Be honest, would you put up with restrictions on who can live in your property? Would you live with struggling to gain possession?

Would you be a landlord under these conditions?

Answers on a postcard to Angela Rayner and Matthew Pennycook, please.

Until next time,

The Landlord Crusader


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Comments

Markella Mikkelsen

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9:53 AM, 11th October 2024, About 2 months ago

Well said.

The Bill erodes the right to property ownership, one of the pillars of our society.
The Bill has more than just the faint scent of Soviet-style state controls of property ownership. And we all know how well that experiment went.
All property owners should be able to choose who lives in their property and who does not.
The day that right ends will be a sad day not just for landlords, but for democraric rights that were so hard fought for.

Judith Wordsworth

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10:03 AM, 11th October 2024, About 2 months ago

Brilliantly said.
BUT re “ Angela Rayner’s aim to prevent evictions for ‘economic reasons … arrears not being a ground for possession will have a devastating consequence … We will have no choice but to sell.”
Landlords with mortgages wont have a choice to sell if unable to meet the repayments if their tenants are withholding their rent. The lenders will just instigate repossession. And the Landlord will still be liable for the mortgage repayment shortfall until paid off.
If overstretched loan to value BTL small portfolio Landlords, and are without at least 4 months mortgage repayment monies AND sufficient for repairs/maintenance tucked away, are dithering on whether to stay in the PRS this really is your wake up call.
Even if properties are unencumbered,
small portfolio Landlords who are using the rental income to live on need to have the above mentioned monies tucked away.
Why 4 months? To cover the proposed new notice period and a bit of a cushion.
And for those using rental property/properties for retirement funding, either as regular income or to sell for their retirement, this is, I think, also your wake-up call for leaving or remaining in the PRS.

Cider Drinker

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10:27 AM, 11th October 2024, About 2 months ago

I think the real aim of the Bill is to see U.K. Nationals lose any hope of renting so that homes can be used for the migrants.

We have already seen Serco outbidding private tenants in order to secure PRS homes for migrants. It is to save costs for housing migrants in hotels. Instead, we house U.K. Nationals in hotels.

It’s much worse than that.

From the BBC…

“Russia's intelligence agency has been on a mission to generate "sustained mayhem on British and European streets", the head of MI5 has said.”

The housing crisis is only the start of the mayhem. Russia is sponsoring the people smuggling gangs and our government know it.

dismayed landlord

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11:03 AM, 11th October 2024, About 2 months ago

Reply to the comment left by Judith Wordsworth at 11/10/2024 - 10:03
The only question for me what if CGT goes up substantially. My aim is to sell the remaining and so far I have offers going through the legal process. Hoeverv one I am stuck with. So far waiting the legal process to get its act into gear to evict. Rent is being paid. On the other hand if these do not sell before the budget and CGT goes through the atmosphere I have briefly tried looking at the overall long term benefits or disadvantages. Of keeping them. But not letting them out !
Stop the sales and use the one remaining to pay for the empty properties. Ok this will cost me a bit but not all the income - I will still get a profit. Expenses still deducted from profit. I pay the ctax and get tax relief on it. However I’ll have 3 voids doing nothing. On the other side of the ‘benefits’ the LA will be forking out for 3 lots of temporary accommodation- costing them at least 3 times what my rents would have been.
My strategy would be to hope that labour will be gone in about year - 2 years - 5 for sure! Yes this bit is speculation. My grandsons are 8 years away from being adults. Let’s assume they are mature and responsible adults - yes I am stretching even my beliefs in them at present!! So worse case I let them live in them. For peppercorn rents. One they can own as it’s an incorporated rental.
Downsides - I earn less total profit. I pay out running costs.
The building lie empty. They are currently all EPC C - and good C’s. Not marginal.
Upside I stand to save over 80k in CGT (currently) if it increases to just income tax levels on the 30 October.
Plus the house prices will rise! I am effectively helping that rise by leaving them as voids. So even at only 4 % price increases I am ahead of the costs of selling now.
I’d appreciate any comments / views and you can be as blunt as you like.

RODNEY CRABB

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11:56 AM, 11th October 2024, About 2 months ago

Reply to the comment left by dismayed landlord at 11/10/2024 - 11:03
Can you not do a deed of trust with your spouse
I have done this 3 times, you can do it up to exchange, 90 /10 in the lower rate tax payers favour
When I sell some, my wife will pack up part time work as she'll be effectively paying 40% on low wages,with her rents
Unintended consequences

Alison King

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12:11 PM, 11th October 2024, About 2 months ago

All this speculation is very unnerving. I don't like to put up the rent for sitting tenants so most of mine are paying below the market rent. I may have to put them all up and peg them to that from now on, especially if I have to save up for EPC upgrades. I have been talking to some the tenants about them buying their property at a discounted rate too, but if CGT goes up a lot I will have to reconsider that too. I don't understand what they mean by discrimination. Will tenant referencing no longer be allowed? My tenants usually pass the property on to a friend or relative when they leave. Is that discrimination? With the HMOs it's important that the tenants get on, so usually the tenants get a say too. We've made mistakes taking on scallies in the past and it's a lesson learned and not fair on the other tenants,

Reluctant Landlord

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12:38 PM, 11th October 2024, About 2 months ago

1. There is no need for any LL to discriminate against benefits tenants - most won't be able to meet rent affordability criteria in the first place nor the standard ongoing requirement of a months rent in advance and all rent payments thereafter to be paid in advance.
2. IF the property is marketed, it will be listed as 'unsuitable for pets/pets not accepted' from the outset. Applicants will know in advance this is the case.
3. There will be a propensity to let to non UK nationals on a work visa over home nationals (non benefit recipients). They often work in the social care sector which is understaffed so jobs essentially permanent. Their right to rent is limited ( if visa is not renewed you can evict in a matter of weeks, literally changing the locks and reporting to the Home Office). They personally have to pay the RIA & Deposit out of their own pocket, rarely have pets because they are always working and are often only here to save/ to send money home plus They will not be eligible for any council assistance or Legal Aid help if they are evicted.

Martin

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13:28 PM, 11th October 2024, About 2 months ago

The only thing a tenant needs to know is that anything that increases a landlords costs will be passed on in the form of higher rent.
It is business in it's purest form, value achieved at point of sale minus costs equals profits. No profit equals no viable business.
So if my costs go up my sale price has to rise or I close down.
So it all sounds great until someone asks " who pays for it?".
Then the uncomfortable answer is the tenants.

PH

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18:03 PM, 11th October 2024, About 2 months ago

Reply to the comment left by Judith Wordsworth at 11/10/2024 - 10:03
4 months doesn't cover it. The time spent going through courts will probably mean at least mean 8 - 12 months.

JamesB

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18:11 PM, 11th October 2024, About 2 months ago

Every time I read the Landlord Crusader's posts to my wife she says "is it actually you?" LOL. Always puts it just how it is!

I will be exchanging on the sale of another one of my houses next week. I've had it over 20 years and really looked after it, but I just can't take the way things are going any more. I used a s21 once, did everything right and still took 15months to get my house back and lost well over £10k in rent and more in damage, Quite normal apparently. I can't imagine no s21 being available.

The problem I have is another 6 London houses all owned for between 25 and 30 years. CGT changes could ruin any exit plans I had overnight, right at a point where I don't want to be doing this any more. CGT aligning with income tax rates, with no form of indexation would force me into what I call "Compulsory Landlordism" ie where you hate the role but it is also financially devastating to exit so you have to do it.

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