Court of Appeal backs landlord in key gas safety Section 21 evictions case

Three judges say landlords can serve a Section 21 notice even if a gas safety certificate has been issue after they move in, but the comment leave the door open for an appeal and likely Supreme Court hearing.

The Court of Appeal has handed down judgement on the contentious Trecarrell House vs Patricia Rouncefield case and has backed landlords

Both sides in the case sought to clarify if landlords can serve a Section 21 eviction notice on a tenant when a Gas Safety Certificate has been served after a tenancy has begun.

A valid certificate is one of several pieces of paperwork landlords must give tenants before they move into a property in order to enable a later valid Section 21 eviction.

Tenant Patricia Rouncefield has sought to clarify this important point of law after her landlord Trecarrell House attempted to serve a S21 notice on her despite having provided a Gas Safety Certificate after her tenancy began

Three judges, Lord Justices Patten, King and Moylan, have this morning passed judgement in this case following the hearing in January during which evidence was presented from both sides.

Gas safety certificate

Rouncefield’s property had a valid gas certificate both before and during her tenancy but she was not given a copy prior to when she moved in during February 2017. She was served with a Section 21 notice on 1^st May 2018.

The judges each gave their own commentary on the case but agreed that ‘as long as the [Gas Safety certificate] is provided to the tenant prior to service of the section 21, the notice will be valid’.

In the commentary on the decision, the lead judge said: “It is difficult to reconcile this interpretation of the law with legislation which would appear to be aimed at ensuring the safety of tenants.

“Similarly, I find it hard to balance this interpretation with the actual wording of regulation 36(6)(b) of the 1998 Regulations which states that the GSR needs to be given to any new tenant “before that tenant occupies those premises.

“I would agree with Moylan LJ’s characterisation of the majority finding: late service of the GSR for the purposes of 36(6)(b) becomes a mere “procedural requirement” rather than a “substantive sanction”.

Industry reaction

Tim Frome, Head of Legal at Landlord Action, says: “We’ve been waiting with baited breath for this decision from the Court of Appeal and on the face of it the news is fantastic for landlords such that, due to an admin error, they can’t be prevented from serving a Section 21 notice.

“This judgement may be further appealed, but as long as a certificate is served before a S21 notice then that will be sufficient.

“At Landlord Action we have a small percentage of cases where this problem has arisen and our clients will be heaving a huge sigh of relief.”

John Stewart, Deputy Policy Director for the NRLA, which supported Trecarrell House during the initial stages of the case, says: “We welcome the clarity that today’s ruling brings for the sector. Going forward, however, ministers remain committed to eventually getting rid of Section 21 altogether.

“We have been campaigning to ensure that such moves are only made within the context of improvements to the way courts handle cases and clear, comprehensive and timely routes for landlords to repossess properties in legitimate circumstances.

“We are heartened therefore that the Housing Minister has made clear that such changes will only be made “in a considered manner” and not as an immediate response to the coronavirus pandemic.”

Read the judgement in full.

This article was written by  Nigel Lewis on Landlordzone.co.uk

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Source: https://tenantevictionserviceuk.wordpress.com/2020/06/22/court-of-appeal-backs-landlord-in-key-gas-safety-section-21-evictions-case/

Injunctions are not the answer to anti-social tenants during evictions ban, industry tells minister

Housing minister Christopher Pincher’s remarks claiming landlords had other options other than evictions to deal with anti-social tenants are wide of the mark, leading industry figures fire back.

Housing preacher Christopher Pincher has asserted in Parliament that property managers are able to handle occupants who are behaving anti-socially throughout the expulsions ban with a variety of alternative regulatory tools apart from expulsions.

His remarks were in response to MP Clive Betts, Chair of the Housing, Areas and also Local Government Committee, who asked what powers property managers ‘contend their disposal to take on lessees who breach their tenancy agreement as a result of anti-social behaviour’.

Pincher responded that landlords, confronted with such trouble tenants, must take into consideration using orders, closure orders as well as area defense notifications to deal with them.

This elevated brows among the landlord neighborhood, that are cognizant that such actions are costly, protracted and also lengthy options even when compared to the UK’s expulsions procedures.

” Whilst the police as well as councils do have powers to take on anti-social practices, the responses we are obtaining from renters as well as property managers alike is that this is often as well sluggish as well as inefficient,” says Chris Norris, Policy Director for the National Residential Landlords Organization.

” Such practices creates anguish for those affected consisting of fellow renters and also neighbours as well as it is important that it is not permitted to fester.

” Without a doubt the quickest means to handle it is to kick out those who are liable. We call for that reason for the restoration of powers to enable this to happen as a matter of urgency.”

Not functional
Paul Shamplina of Landlord Activity claims Pincher’s suggestions are ‘not really practical’.

“When the authorities are called about a breach of the peace within a rented out residential property they will certainly apprehend a person if a criminal activity has been entailed, but otherwise they will certainly simply ‘have words’,” he states.

“The police don’t want to get involved in evicting tenants.”

Shamplina claims orders are incredibly costly and can run into thousands of pounds which even if property owners get their day in court, they’ve reached persuade the judge that the renter is a multiple offender.

“Most landlords have small portfolios and don’t want to fork out that kind of money. It’s why the blanket evictions ban needs changing – it protects tenants who are behaving anti-socially and who know they can’t be evicted.”

One way that www.tenantevictionservice.co.uk has been handling the ban on evictions is by setting up the pre-action protocol which is a step before serving notice to entice to tenant and landlord to come to an agreement. check it out HERE

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Source: https://www.tenantevictionservice.co.uk/injunctions-are-not-the-answer-to-anti-social-tenants-during-evictions-ban-industry-tells-minister

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Thousands of refugees set to be evicted from Home Office accommodation within two weeks

Refugees will face ‘cliff edge’ in support unless suspension on evictions is extended, charities warn

Hundreds of evacuees can be kicked out from their government-funded lodging within a matter of weeks, prompting concerns of a “new mass homelessness populace” throughout the coronavirus pandemic.

The Home Office announced at the end of March that asylum hunters would certainly not be asked to leave their accommodation once their case or allure had been made a decision for the following 3 months because of the lockdown.

Ministers claimed the halt on expulsions would be examined in June, but charities are still waiting to get an upgrade from federal government, and fear many newly approved refugees, and also asylum seekers that have gotten negative decisions, will face a “cliff side” in assistance in a fortnight.

The government is already under scrutiny over its therapy of immigrants after the Windrush scandal saw hundreds of Caribbean travelers living as well as operating in the UK mistakenly targeted as a result of its “aggressive environment” policies.

Hazel Williams, national director at the NACCOM Network, said: “We are extremely concerned that thousands of newly granted refugees and people seeking asylum could be evicted from their Home Office accommodation over the next few months, leaving them homeless and unable to access services, many with no recourse to public funds.

“The cliff edge we feared could become a reality as we still await news of the Home Office plans. Creating a new mass homelessness population, is not only inhumane, but during a global pandemic creates the potential for a public health disaster.

Ms Williams called for the suspension of evictions to be extended for the next 12 months to enable people to access the advice and support they need.

Stephen Hale, chief executive of Refugee Action, said: “A responsible and humane government would never intentionally make people homeless.

“If this government does restart mass evictions it will heap yet more misery on people seeking asylum. Many are already suffering in this pandemic, struggling to meet their essential needs due to appallingly low financial support.

“The government must provide more clarity on its timeline for evictions, and make sure the asylum support system keeps a roof over people’s heads and food on their table.”

A Home Office spokesperson said: “We have said very clearly that we are taking a compassionate approach during this pandemic with those affected by circumstances beyond their control. Action has been taken across the asylum system to help, including supporting people who would otherwise have been destitute with accommodation and essential living costs, and it is right that we review arrangements at the end of June to make sure the most appropriate support is in place.”

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Source: https://www.tenantevictionservice.co.uk/thousands-of-refugees-set-to-be-evicted-from-home-office-accommodation-within-two-weeks

Source: https://tenantevictionserviceuk.wordpress.com/2020/06/22/thousands-of-refugees-set-to-be-evicted-from-home-office-accommodation-within-two-weeks/

Private rents in England hit a record high during coronavirus lockdown

Private-sector rents in England hit a record high of ₤700 a month just as the country was heading into coronavirus lockdown, according to numbers from the Workplace for National Data (ONS).
The typical rental fee was highest possible in London, at ₤ 1,425 a month, as well as most affordable in north-east England, at ₤ 495.
The most expensive area to rent was Westminster, where the average was ₤ 2,492 a month, or five times the average rental fee in England’s cheapest area, Hull, where renters typically pay ₤ 420 a month.

The data covers the duration between 1 April 2019 and 31 March 2020, with the ONS observing that “it has not been higher”.

Record-high rents will fuel problems regarding affordability, and also the expanding component of a tenant’s total earnings that is passed to Landlords. An earlier study has actually shown that occupants usually invest 41% of their income on real estate prices.

In total, about 8.5 million individuals rent out privately in England, with lots of reporting unaffordable rent, inadequate living problems as well as the danger of eviction.

When the Covid-19 pandemic struck, home loan owners and also landlords with buy-to-let profiles were supplied repayment holidays, however, tenants needed to count on these being handed down.

Nonetheless, last week the federal government prolonged its restriction on expulsions in England and Wales by an additional 2 months, prolonging the moratorium for thousands of renters that have struggled to pay the rent throughout lockdown.

Caitlin Wilkinson, the policy manager at the campaign group Generation Rent, said: “At the outset of this crisis, renters were spending more on housing costs than at any time previously. In light of these figures, it’s not surprising that many private renters who have since lost income are struggling to make ends meet.

“While we don’t yet know the impact of the pandemic on rents, we do know that more than half of tenants who have requested a rent reduction have been asked to pay in full. These figures highlight the need for the government to provide rent relief to those struggling with sky-high rents as part of the UK’s coronavirus recovery strategy.”
Few housing experts predict that rents will fall by much, even if the pandemic prompts a slump in house prices.

Researchers at Savills UK this week revised their house price forecast for 2020, and now expect a 7.5% fall in 2020, down from a previous forecast of -5%. But they predicted rents would fall by just 1.5% this year before rising by 5.5% next year.

Savills said: “Rental values tend to be more resilient than capital values during a downturn. Rents fell just 2% following the financial crisis, whereas house prices fell -18%. We expect rents will also remain relatively resilient in the coming months and years, albeit there may be greater pressure in areas more reliant on international tenants and students.”

With rents hitting an all time high tenants will likely find themselves looking for cheaper accommodation, leaving landlords in and around London without tenants

if you think this is a problem for you we recommend looking at guaranteed rent! you can find out more here! https://www.guaranteedrental.org/

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Source: https://www.tenantevictionservice.co.uk/private-rents-in-england-hit-a-record-high-during-coronavirus-lockdown

Source: https://tenantevictionserviceuk.wordpress.com/2020/06/22/private-rents-in-england-hit-a-record-high-during-coronavirus-lockdown/

The ban on evictions has been extended in England and Wales

Previously this year the government passed the Coronavirus Act, which to name a few points, made it illegal for property owners to evict renters for a defined period of time.

The initial ban on expulsions had actually resulted from upright 25th June, however, the government has actually introduced a two-month expansion to this deadline.

This implies that occupants can not be evicted from exclusive or socially rented out housing in England as well as Wales until a minimum of 23rd August 2020.

As previously introduced, Landlords won’t be able to begin procedures to force out renters for a minimum of a three-month duration which will certainly continue to be in position up until at least September.

If you’re presently battling to pay your lease, the very best point to do is to consult with your landlord as soon as possible. Explain your situation as well as attempt to set up a practical settlement strategy.

Despite the fact that you can not be evicted up until August, you can still come under arrears, so it’s important that you’re ahead of time with your landlord.

The government’s main recommendations are for property owners as well as renters to work together on choices such as versatile layaway plan which think about a tenant’s specific conditions– to ensure instances only wind up in court as an outright last hope.

Housing Secretary Robert Jenrick said: “We have provided an unprecedented package of support for renters during this pandemic. I am announcing that the government’s ban on evictions will be extended for another two months.

“Eviction hearings will not be heard in courts until the end of August and no-one will be evicted from their home this summer due to coronavirus.

“We are also working with the judiciary on proposals to ensure that when evictions proceedings do recommence, arrangements, including rules, are in place to assist the court in giving appropriate protections for those who have been particularly affected by coronavirus – including those tenants who have been shielding.”

With the latest news it is being advised that landlords and tenants work together to come to an agreement, we understand that that can be difficult especially with tenants destroying your home in some cases that is why we the tenant eviction service has come up with the pre-action protocol to find out more head here https://www.tenantevictionservice.co.uk/tenant-eviction-service

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Source: https://www.tenantevictionservice.co.uk/the-ban-on-evictions-has-been-extended-in-england-and-wales

Source: https://tenantevictionserviceuk.wordpress.com/2020/06/17/the-ban-on-evictions-has-been-extended-in-england-and-wales/

Busiest day since start of lockdown as market reopens in England

Throughout lockdown our homes have never been more important, and perhaps it’s even made you rethink what you’re looking for in a home.

When the surprise announcement came on Wednesday that the market was open again in England it led to a surge in interest on Rightmove.

On the first day of reopening (13^th May), the number of home-movers visiting Rightmove returned to pre-lockdown daily levels, and was up 4% on the same Wednesday in 2019.

This is great news for those of you who can now continue with delayed moves, as well as the wider UK economy, but it’s crucially important that we all follow the government’s Covid-19 safety guidelines.

What are the headline figures?

This week we’ve seen a big shift in momentum. Here’s what we found:

• A fresh supply of homes for sale with a 111% week-on-week increase in new sales listings on day the market reopened
• Demand from buyers (unique enquiries) doubled from Tuesday to Wednesday, and was only 10% behind the same day in 2019
• Rental demand is also on the up, with unique enquiries at their highest level in one day since September 2019

What are the experts saying?

Our resident property expert Miles Shipside, one of our founding directors and a BBC News regular, explained that the market is gearing up for a recovery but it will take time as safety needs to be the priority.

He said: “Unique enquiries on property for sale doubled from the day before, though we expect consistent momentum to rebuild over several months rather than weeks. With no new seller asking price data it’s too early to comment on price movements, though high demand is needed to support a stable market.

If there are attractive lower deposit mortgages available it would help sustain the recovery in activity. The industry has been caught by surprise, as we were all expecting the housing market to stay closed until at least June.

“High demand could lead to a boost in values for properties that offer inspiring home-working options. But on the other hand, the extra value for a property being close to a popular commuter route may diminish if working from home becomes the new norm.

“We already saw some early signs of people enquiring more about out-of-city areas so it will be interesting to see if this leads to a change in where people choose to buy now the market has been unlocked.”

How will viewings and home moves work in practice?

To control the spread of the virus, the government has produced housing-sector guidelines including stringent social distancing measures.

As these are the new norm, home-movers and estate agents need to immediately adapt to the biggest ever changes in the way that homes are marketed and viewed.

The new guidelines encourage online viewings where possible, and so with more up-front information on property details more time on physical viewings will likely concentrate on the property’s features and condition.

These guidelines are understandably stringent as they are there for everyone’s safety, and it’s especially important for the recovery of the market that prospective buyers and existing and future sellers feel absolutely safe to re-engage with their pent-up housing needs.

All parties will have to be innovative to work within these guidelines where practical, and put safety first in any grey areas that are not covered by the guidelines.

Technological solutions will not suit every situation or every individual so there will need to be other options which still comply with strict social distancing.

This article was written by Sam Balls from https://www.rightmove.co.uk/news/articles/property-news/housing-market-reopens-in-england which can be found here

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Source: https://www.tenantevictionservice.co.uk/busiest-day-since-start-of-lockdown-as-market-reopens-in-england

Source: https://tenantevictionserviceuk.wordpress.com/2020/05/20/busiest-day-since-start-of-lockdown-as-market-reopens-in-england/

Introduce Yourself (Example Post)

This is an example post, originally published as part of Blogging University. Enroll in one of our ten programs, and start your blog right.

You’re going to publish a post today. Don’t worry about how your blog looks. Don’t worry if you haven’t given it a name yet, or you’re feeling overwhelmed. Just click the “New Post” button, and tell us why you’re here.

Why do this?

• Because it gives new readers context. What are you about? Why should they read your blog?
• Because it will help you focus your own ideas about your blog and what you’d like to do with it.

The post can be short or long, a personal intro to your life or a bloggy mission statement, a manifesto for the future or a simple outline of your the types of things you hope to publish.

To help you get started, here are a few questions:

• Why are you blogging publicly, rather than keeping a personal journal?
• What topics do you think you’ll write about?
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• If you blog successfully throughout the next year, what would you hope to have accomplished?

You’re not locked into any of this; one of the wonderful things about blogs is how they constantly evolve as we learn, grow, and interact with one another — but it’s good to know where and why you started, and articulating your goals may just give you a few other post ideas.

Can’t think how to get started? Just write the first thing that pops into your head. Anne Lamott, author of a book on writing we love, says that you need to give yourself permission to write a “crappy first draft”. Anne makes a great point — just start writing, and worry about editing it later.

When you’re ready to publish, give your post three to five tags that describe your blog’s focus — writing, photography, fiction, parenting, food, cars, movies, sports, whatever. These tags will help others who care about your topics find you in the Reader. Make sure one of the tags is “zerotohero,” so other new bloggers can find you, too.

Introduce Yourself (Example Post)

This is an example post, originally published as part of Blogging University. Enroll in one of our ten programs, and start your blog right.

You’re going to publish a post today. Don’t worry about how your blog looks. Don’t worry if you haven’t given it a name yet, or you’re feeling overwhelmed. Just click the “New Post” button, and tell us why you’re here.

Why do this?

• Because it gives new readers context. What are you about? Why should they read your blog?
• Because it will help you focus your own ideas about your blog and what you’d like to do with it.

The post can be short or long, a personal intro to your life or a bloggy mission statement, a manifesto for the future or a simple outline of your the types of things you hope to publish.

To help you get started, here are a few questions:

• Why are you blogging publicly, rather than keeping a personal journal?
• What topics do you think you’ll write about?
• Who would you love to connect with via your blog?
• If you blog successfully throughout the next year, what would you hope to have accomplished?

You’re not locked into any of this; one of the wonderful things about blogs is how they constantly evolve as we learn, grow, and interact with one another — but it’s good to know where and why you started, and articulating your goals may just give you a few other post ideas.

Can’t think how to get started? Just write the first thing that pops into your head. Anne Lamott, author of a book on writing we love, says that you need to give yourself permission to write a “crappy first draft”. Anne makes a great point — just start writing, and worry about editing it later.

When you’re ready to publish, give your post three to five tags that describe your blog’s focus — writing, photography, fiction, parenting, food, cars, movies, sports, whatever. These tags will help others who care about your topics find you in the Reader. Make sure one of the tags is “zerotohero,” so other new bloggers can find you, too.

Introduce Yourself (Example Post)

This is an example post, originally published as part of Blogging University. Enroll in one of our ten programs, and start your blog right.

You’re going to publish a post today. Don’t worry about how your blog looks. Don’t worry if you haven’t given it a name yet, or you’re feeling overwhelmed. Just click the “New Post” button, and tell us why you’re here.

Why do this?

• Because it gives new readers context. What are you about? Why should they read your blog?
• Because it will help you focus your own ideas about your blog and what you’d like to do with it.

The post can be short or long, a personal intro to your life or a bloggy mission statement, a manifesto for the future or a simple outline of your the types of things you hope to publish.

To help you get started, here are a few questions:

• Why are you blogging publicly, rather than keeping a personal journal?
• What topics do you think you’ll write about?
• Who would you love to connect with via your blog?
• If you blog successfully throughout the next year, what would you hope to have accomplished?

You’re not locked into any of this; one of the wonderful things about blogs is how they constantly evolve as we learn, grow, and interact with one another — but it’s good to know where and why you started, and articulating your goals may just give you a few other post ideas.

Can’t think how to get started? Just write the first thing that pops into your head. Anne Lamott, author of a book on writing we love, says that you need to give yourself permission to write a “crappy first draft”. Anne makes a great point — just start writing, and worry about editing it later.

When you’re ready to publish, give your post three to five tags that describe your blog’s focus — writing, photography, fiction, parenting, food, cars, movies, sports, whatever. These tags will help others who care about your topics find you in the Reader. Make sure one of the tags is “zerotohero,” so other new bloggers can find you, too.