Property Dispute Solicitors for Landlords
The new Renters’ Rights Bill legislation is bringing major changes for landlords in and around Norfolk and Cambridgeshire. At Fraser Dawbarns our property dispute solicitors are currently working with local landlords and property agents in King’s Lynn, Wisbech, Ely, Downham Market and March to help prepare for the changes.
The first major change is that there will soon be no more fixed term tenancies. Residential tenants will all be on periodic tenancies and if they wish to vacate the property will then have to give two months’ notice.
Using property dispute solicitors to get tenants out of your properties in King’s Lynn, Wisbech and the surrounding areas
Landlords who have in the past been able to evict tenants from their properties using ‘no fault’ Section 21 notices will soon no longer be able to do so. Other options will be available, including the landlord serving a Section 8 Notice, if there is a good reason or a need as to why a possession order should be granted. If landlords already have an issue they wish to resolve, involving a specialist property dispute solicitor sooner rather than later would be sensible.
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Landlords wishing to sell a property can ask their tenants to leave
When a landlord wishes to sell a property, this is going to be regarded as a good reason to request that tenants vacate the property. However, they will need to give four months’ notice to enable the tenants to have time to find somewhere else to go and the tenants will benefit from a 12 month protected period of possession
Landlords will still be able to evict tenants who breach their tenancy terms
If, as a landlord, you have a tenant who is failing to pay their rent, is exhibiting antisocial behaviour or is in breach of the terms of their tenancy in some other way, it will still be possible to evict them.
Securing an eviction is, however, likely to take longer once the no fault Section 21 notice option is no longer available. The eviction process that will need to be used will also give tenants an opportunity to raise complaints about the condition of the property and potentially use this as a defence to a claim for non-payment of their rent.
New rules for landlords in relation to rent increases in Cambridgeshire and Norfolk
Landlords are also facing changes to standard notice periods for increasing their tenants’ rent. Two months will become the standard compulsory notice period for increasing the rent for any of their tenants and a statutory notice form will need to be used. This is already perceived to be good practice so will not be a major change for most landlords.
The aim of the change is partly to assist with outlawing unreasonably large rent increases generally but also to prevent sudden rent increases being used as a way of pushing tenants into leaving the property.
Changes to the way Norfolk and Cambridgeshire landlords will need to find new tenants
The way in which landlords approach finding new tenants for their properties is also being tightened up. The main aim is to outlaw discrimination and there will potentially be fines for landlords who fail to comply.
In the past, some landlords have been quite restrictive in their advertising and made stipulations such as ‘no children’ or ‘no pets’. These blanket stipulations are going to be stopped. It will however be possible for landlords to reject potential tenants if a property is genuinely unsuitable for their needs. An example of this might be a landlord marketing a two-bedroom property and having a family of seven people applying to become tenants.
There will also be changes to the way in which rental rates are agreed. Once a landlord advertises a property to let at a particular price, it will have to be let at that price rather than at a higher rate. The aim is to ensure that tenants who can afford to pay more do not have an unfair advantage and secure their next rental home by paying above market rate.
Also being outlawed is the option for tenants to secure a property by paying several months’ rent to the landlord in advance. Where people are moving to the UK from overseas there is a danger that this will cause genuine issues if they are unable to satisfy the usual financial requirements.
Private sector landlords will need to meet Decent Homes Standard
In due course, it is envisioned that private sector landlords will also be required to keep their properties in a similar state of repair as social housing properties. While some of the provisions relate to the general state of repair of a property, there are also specific provisions relating to items such as heating.
There is also a plan to introduce a provision known as ‘Awaab’s Law’ which will set out clear timeframes in which landlords will be required to deal with serious health-concerning hazards. This is named after a toddler who died following continued exposure to mould in a social housing property and aims to ensure that both the private rental and social housing sectors provide accommodation which is not hazardous to tenants.
Increased powers will be given to local Councils to force landlords to carry out repairs to ensure that the required standards are met.
Other proposed changes affecting landlords
In due course, landlords are expected to need to register on a new private rented sector database. They will also be required to sign up with the private rented-sector Ombudsman. We are awaiting announcement of a date for this.
There are other detailed changes in the pipeline which will be of interest and importance to some landlords but will not affect others.
Landlords should be considering reviewing their current tenancy arrangements before the new regime comes into force and consulting their property agents, if they have one, about future plans for their properties.
Testimonials
Emma was so friendly, informative and guided me all the way through my difficult two and a half year process.Highly recommend.Client - Kings Lynn Office
Contact our specialist property dispute solicitors
At Fraser Dawbarns, our specialist property dispute solicitors can advise you, as a landlord, on the best solution to your property issue.
To discuss your individual circumstances with a specialist lawyer, please get in touch. You can contact your local office in Kings Lynn, Ely, Wisbech, March or Downham Market.
Alternatively, just complete the enquiry form at the bottom of the contact page, and a lawyer will come back to you.
Why choose Fraser Dawbarns to help you with a property dispute issue?
We believe that legal support should be straightforward and accessible. We offer clear, jargon-free guidance, helping you to understand your legal position as a landlord and what may be achievable.
Our property dispute solicitors often work closely with local letting agents as well as directly with landlords and have been running information events in relation to the impact of the of the Renters’ Rights Bill on landlords in and around King’s Lynn, Wisbech, Ely, March or Downham Market.
For individual information, please contact David Moulton on davidmoulton@fraserdawbarns.com or call one of our offices.
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