Posts with tag: repossession

Ongoing housing possession action suspended by MHCLG

Published On: March 30, 2020 at 8:19 am

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housing possession action suspended

The Ministry of Housing, Communities and Local Government (MHCLG) has now suspended all ongoing housing possession claims.

This decision was made last Friday by the Master of the Rolls, England’s second most senior judge. It means evictions can no longer go ahead legally until further notice.

The MHCLG said in a statement: “From 27 March 2020 following a decision by the master of the rolls with the Lord Chancellors agreement, the court service will suspend all ongoing housing possession action – this means that neither cases currently in the or any about to go in the system can progress to the stage where someone could be evicted.

“This suspension of housing possessions action will initially last for 90 days, but this can be extended if needed.

“This measure will protect all private and social renters, as well as those with mortgages and those with licenses covered by the Protection from Eviction Act 1977. This will apply to both England and Wales.”

David Cox, Chief Executive, ARLA Propertymark comments: “However difficult it may be, this is the right decision in light of the current circumstances. Yet evictions will not be required if we can keep the rent flowing. 

“The latest advice is that people stay put, and as long as the Government helps tenants pay their rent, there will not be a large build-up of debt from rent arrears, meaning there will be no logical reason why a landlord would start eviction proceedings.”

Landlords urged to fight for property repossession rights

Published On: August 21, 2019 at 9:09 am

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Landlords are being urged to back a legal case to protect their rights to repossess properties. 

This follows a recent court case in which a landlord’s attempt to regain their property was deemed invalid due to a dispute over a gas safety certificate.

The landlord was initially granted an order to repossess their property using a Section 21 notice. However, the tenant then successfully appealed on the grounds that they had not been provided with a gas safety certificate before they moved in.

Despite the landlord making the certificate available once the tenancy had begun, it was ruled by the Court that their Section 21 powers were invalid. It referred to a previous similar case in which the certificate was made available less than two weeks after the tenant moved in.

The judge in the appeal stated that if the gas safety certificate was not provided to the tenant before they took up occupation then a Section 21 notice could not be relied on to regain possession. The situation could not be resolved by serving one after the moving in date.

The Residential Landlord Association (RLA) is supporting the landlord, Trecarrell House Limited, at the Court of Appeal, on the basis that so long as the gas safety certificate is provided before the Section 21 notice is served, then it is valid.

The RLA argues that the case could breach a landlord’s rights under the European Convention on Human Rights on the basis that it deprives them of their possession.

It is calling on its members to back the case by making a financial contribution to support the case through a Crowd Justice website that has been launched today.

David Smith, Policy Director for the RLA, said: “Protecting the rights of landlords to repossess properties in legitimate circumstances is key to providing the confidence the sector needs to offer longer tenancies.

“The landlord in this case was not seeking to shirk their responsibilities and provided the certificates that were needed.

“We will fight to ensure that if nothing else, logic prevails. We urge those who agree to support the campaign by making a contribution to the costs.”

New Tenancy Rules just Weeks Away for Scotland

Published On: October 20, 2017 at 8:51 am

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New tenancy rules, which will see the no fault ground for taking back possession of a rental property abolished, are just weeks away for Scotland.

A new model tenancy agreement has been issued by the Scottish government and must be used by landlords and letting agents from 1st December 2017.

The new Private Rental Tenancy (PRT) replaces Assured Shorthold Tenancy (AST) agreements, known in Scotland as SATs. The new tenancy rules will not affect existing contracts, but will have to be used for all new tenancies.

The PRT gives 18 statutory grounds for a landlord to end a tenancy, which include the landlord wanting to sell the property, occupy the home themselves, or refurbish it. Other grounds include where a tenant has owed rent for three consecutive months, has shown anti-social behaviour, or abandoned the property.

However, there is no ground equivalent to Section 21, where landlords do not have to give a reason for wanting their property back. Another change is the notice period.

The PRT does not allow landlords or tenants to agree a minimum period of occupancy, with the tenancy continuing automatically.

If tenants want to leave the property, they must give their landlord 28 days’ notice in writing.

Adrian Sangster, of Aberdeen agent Aberdein Considine, says: “While removal of the no fault ground is a major change, the new 18 specified grounds to recover possession do cover the majority of reasons for wishing to do so.

“The biggest impact is the removal of the minimum term, which means, in theory, a tenant could serve 28 days’ notice a day after moving in. In practice, this is unlikely to occur, as the vast majority of tenants are looking for a home and, if the landlord keeps up their side of the bargain by providing a safe and comfortable environment, tenants will stay.”

He continues: “In our own experience, the average tenancy lasts in the region of 18 months. Where I’m less certain, however, is what the attitude of lenders will be where the property is mortgaged.

“Currently, as long as the rent covers the mortgage and a six-month SAT is in place, the majority will be reasonable to deal with. However, where that six-month term is no longer available, will they become less likely to grant approval to let? I am not sure what discussions the Scottish government have had with lenders regarding this issue.”

ARLA Propertymark (the Association of Residential Letting Agents) is holding a series of workshops in Scotland to explain the new tenancy rules, starting next week.

There has already been some pressure in England for ASTs to be replaced and the no fault ground for possession to be abolished. It has also been noticed that trends in the Scottish private rental sector, such as bans on letting agent fees, seem to be subsequently copied in England. Could these new tenancy rules be in force across England in due course?

RLA Calls for New Housing Court for Landlords and Tenants

Published On: April 27, 2017 at 9:14 am

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The Residential Landlords Association (RLA) is calling on the next government to set up a new housing court to speed up justice for landlords and tenants.

Statistics show that it takes an average of 43 weeks for a landlord to regain possession of a property through the courts, during which time they may not receive any rent.

Tenants would also benefit from the new housing court, as they would be able to take quicker action against rogue landlords that fail to provide accommodation to legally required standards.

RLA Calls for New Housing Court for Landlords and Tenants

RLA Calls for New Housing Court for Landlords and Tenants

Freedom of Information (FOI) data obtained by the RLA last year shows that, among the 255 councils that responded, just 827 prosecutions were brought against landlords over the preceding five years following notices to improve a property being issued.

The RLA argues that establishing a new housing court would enable landlords and tenants to more swiftly access justice to uphold their contractual rights.

The Chairman of the RLA, Alan Ward, says: “The current court system is not fit for purpose. It takes too long and is too costly for landlords to repossess a property where tenants are not paying their rent, as well as for tenants to uphold their rights when faced with a landlord providing substandard housing.

“New housing courts would greatly improve the situation, enabling justice for good landlords and tenants to be provided more swiftly.

“Landlords are more likely to rent property out to tenants for longer periods if they can more easily regain possession of a home where tenants are not paying their rent or committing anti-social behaviour.”

He urges the political parties: “We call on all parties to support this common sense proposal.”

The new housing court proposal is just one of six practical policy suggestions put forward by the RLA ahead of 8th June’s snap General Election:

  1. Boost the supply of new homes by bringing unused public land and empty properties back into use for private rental homes, coupled with positive taxation policies that promote growth.
  2. Establish a new housing court to deliver quick and cost-effective justice, to help landlords and tenants enforce their rights.
  3. A fairer approach to welfare reform, giving tenants that claim Universal Credit the choice of having rent paid directly to their landlord and speeding up the claim process.
  1. Effective enforcement against rogue landlords through guaranteed long-term funding for local authorities, backed by a system of co-regulation for the majority of law-abiding landlords.
  2. Support landlords to improve energy efficiency in private rental homes, for the benefit of tenants and the environment.
  3. Create a new deposit trust for tenants, enabling them to transfer deposits seamlessly between tenancies.

These proposals form part of the RLA’s ongoing campaigning around tax, the Right to Rent scheme, rent controls and landlord licensing schemes.

Possession Claims by Private Landlords Drop by 21%

Published On: November 11, 2016 at 9:33 am

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The number of possession claims made by private landlords has dropped by 21% over the last two years, according to recent data.

Possession Claims by Private Landlords Drop by 21%

Possession Claims by Private Landlords Drop by 21%

Official statistics from the Ministry of Justice show that the number of possession claims made to county courts in England and Wales by private landlords has decreased from a peak of 6,486 in the first quarter of 2014 to 5,129 between July and September this year.

The news arrives as the independent English Housing Survey, published earlier this year, found that in 2014-15, private tenants had lived in their current home for an average of four years.

Both sets of data suggest that most tenants are not at risk of being evicted from their homes.

The Policy Director of the Residential Landlords Association, David Smith, agrees: “Today’s figures are a timely reminder that landlords do not seek to repossess properties lightly.

“With tenants also living an average of four years in private rented homes, the sector is stepping up to the demand for long-term housing, without the need for heavy handed legislation.”

Smith’s statement arrives as landlords face significant changes to their buy-to-let businesses.

Earlier this week, the Housing Minister confirmed that the Government’s blacklist of rogue landlords will be in operation from autumn 2017.

In addition, all landlords must be aware that from 1st December 2016, it will be a criminal offence to ignore your responsibilities under the Right to Rent scheme.

Our guide to the controversial scheme will ensure that you stick to the law and avoid facing penalties: /home-office-reinforces-landlord-responsibilities-right-rent/

Are you aware of other changes to the law that may affect your role as a landlord? Our legal expert details further changes that are due to be introduced under the Housing and Planning Act 2016: /landlords-ready-housing-planning-act-2016/

Remember, the best way to keep on top of your responsibilities is with our monthly newsletter. Sign up for free and receive a round-up of the most important stories of the month here.

Landlords, Find Your Next Property Investment with Repolist

Published On: September 15, 2016 at 11:02 am

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Are you looking for your next bargain property investment venture? Then look no further! Landlords can find great value for money with Repolist.

Landlords, Find Your Next Property Investment with Repolist

Landlords, Find Your Next Property Investment with Repolist

Repolist is the UK’s leading real-time database of repossession, refurbishment and auction properties.

It analyses hundreds of thousands of properties for sale nationally, cataloguing them into a real-time, searchable database. Refurbishment projects and repossessed properties generally offer investors a bargain purchase.

Although all of the properties on the site are available through traditional high street estate agents, Repolist cuts down the amount of time and energy it would take you to find them. Property investors can browse investment opportunities instantly, at the click of a mouse. The Repolist database is also updated in real-time, so the information is as up to date as on other property portals.

Repolist also announced last year that is has teamed up with Zoopla. The site now takes a direct feed from the portal, as well as other major sites, meaning that Repolist now has one of the most comprehensive systems for identifying bargain properties in the UK.

Subscribers can enjoy a huge database of properties available across the country. Repolist also has an email alert system that delivers almost every refurbishment property on Zoopla to your inbox.

Property developers looking for much sought after plots of land can also search for potential sites on Repolist.

The site has the largest selection of land plots, refurbishment, auction and repossessed properties for sale in the UK.

The properties are organised in an easy and simple way, meaning that you can browse for properties in exactly the same way as you would on any major property portal.

It provides full and complete property listings, with full contact listings. There are no reservation fees or middlemen to complicate the viewing or purchase process.

Subscribers have access to over 15,000 real-time auction, repossession and refurbishment properties. Property investors can subscribe to Repolist for £89.99 per year – around 80% cheaper than competitor sites. Sign up here: http://www.repolist.co.uk/users/sign_in

Landlords, can you use Repolist to find your next property investment?