Thank you for providing information in a clear and calm manner. Non of that nonsense Buy to let is dead and setting up tenants and landlords against each other. There would always be bad landlords and bad tenants does not matter what laws are in place. In my view it would get worse for tenants if faceless corporations become landlords and this is the direction PRS is going in UK. I like your balanced approach to all the news that is coming out regarding Private rental sector.
Thank you! I hate the constant negativity and I wanted to do a video to tell it as it is. Explain the ambiguity and why we don’t know things. And debunk those myths!
The legislation appears to be aimed at forcing landlords to equalize their requirement when choosing a tenant, which is not necessarily a bad thing, as Landlords and Letting Agents have set the bar quite high for renting, a bar they've only been able to maintain due to market conditions, granted the housing shortage isn't their problem, but it is the problem of the government, hence why the government are introducing the mandatory lowering of requirements through legislation. Renting is after all meant to be an equitable business arrangement, one party being able to place disproportionate requirements on the other due to market conditions is not something which is particularly desirable from a regulatory perspective, nor can it be reasonably characterize as an "equitable business arrangement" when the Landlord is able to set those requirements and expecting to be paid at regular intervals in return. You seem like a nice lady, I've enjoyed watching your videos.
I agree absolutely. There will be many repercussions of this Bill. I’m focusing on the “how to” and “what does this mean” and try to keep out of the politics. You are right about equity and fairness. Both parties have contractual obligations and need to hold up their side of the bargain. It shouldn’t be one way traffic.
I’ve got tenants who ask for fixed term tenancies rather than going on to a rolling periodic tenancy. They want the reassurance that they will be in the property. This won’t benefit them!
Any reason why a termination clause couldn't be inserted in an AST today for when this is implemented? Say one week before it's implementation date termination of lease happens. If mutually agreed then surely it's enforceable prior to this coming in?
That’s a good question but tenants already have a lot of protection. The short answer is that you can’t do that and it would be an illegal eviction. You can only terminate a tenancy agreement now by using Section 21 (2 months’ notice) or a ground under Section 8. And then if the tenants don’t move out, even now you have to go to court to get an order for possession. It’s not like a mobile phone contract where you can give notice and that’s it. Here are the rules now and how the Renters’ Rights Bill will change them. If landlords don’t follow the rules a tenant has a lot of protection and it’s an offence to do an illegal eviction. Hope that helps. th-cam.com/video/2KHz2F-Re5o/w-d-xo.htmlfeature=shared
Myself snd many thousands of Landlords are already getting out of the market - and we won't be coming back until all the madness is is repealed - trust me - it's just going to get a lot worse yet!!
They’ll need to use discretionary ground 12 for breach of agreement or maybe 13 and 14. I give a bit of detail here. theindependentlandlord.com/rrb-grounds/
I read the article 'end of AST trap' on your website. It said the renters rights bill will help leaseholders who have ground rent over £250, is this 100% correct and set in stone as I haven't heard this anywhere else? Will it be easier for those leaseholders with ground rent over £250 to sell their properties (lenders will no longer request a DOV or indemnity policy) ? When do you think lenders will change their stance if so ? Thanks, keep up the good work
You can check the Bill yourself: section 33, long leases over 21 years can’t be assured tenancies. This doesn’t end doubling or ground rent or high ground rent but it means a freeholder can’t use s8 to evict a leaseholder for non payment of ground rent
I need to give a section 21 to tenants but I would like to give the tenants at least 4 months notice to find alternative accommodation rather than the statutory 2 month Is this still possible with section 21?
You’d need to be careful about running out of time before serving an order for possession if they don’t move out. What I did was let them know informally a few months before I served the notice that I was selling up so they had plenty of time to find somewhere else. I also said I was flexible on dates. In the end they stayed an extra month to dovetail with their move in date, and they left the flat so nicely that I cancelled the inventory and gave them their full deposit back!!
Is the new form of contract technically easier to deal with bad tenants? As I understand it having an AST gives the tenant more rights under the fixed term than a periodic? I've never needed to evict a tenant so I'm not talking with experience here!
The new assured tenancy won’t have the right for landlords to use section 21 for evictions, which means they’ll have to provide evidence to the court they qualify for one of the grounds under section 8
Will a delayed rent increase "reset" the rent review window with the new RRB? If a rent increase is delayed becaused the tenant took it to the Tribunal to challenge it, does that delay "reset" the rent increase window? I.e. If the Section13 rent increase was supposed to kick in in March, but the Tribunal didnt rule on it until July (let's say they agreed it was fair) and therefore that rent increase can then start in the next rent period (i.e. July), does that mean the next rent increase review month will be the following march or July?
Excellent question. Section 13 says now that the next notice can't take effect until "the date that falls 52 weeks after the date on which the increased rent took effect". I don't think this has been changed, but will take a more detailed look. So to answer your question, I think it will "reset" it, and the next notice couldn't take effect until 12 months from the date that the tribunal increases the rent from. But don't quote me on it! :-)
So it is possible to never achieve an annual rent increase, because each time it resets the review month. This is what many are calling "Rent Caps by the back door" and l agree. What will happen is rent increases will be much higher ie always top end of Market, to account for a possible delay. Very badly thought out. Bad news for everyone.
@ It’s not quite correct to say you’ll “never” achieve an annual rent increase. You will be able to propose a rent increase by serving a section 13 notice to change the rent 52 weeks since the last rent increase using s13 / the rent as set by the tribunal. If your property is high end and your tenant appeals, then you’ll need to justify why your rent should be at the high end. I think may will negotiate a lower rent with the tenant after serving the notice, and that way you can increase it annually. Or have a good relationship with the tenant and a track record of only proposing reasonable increases. Not all tenants will appeal. I don’t get into the politics, and just explain what I interpret the rules to say.
Always a pleasure to enjoy my morning coffee with your content Suzanne!
Thank you! I had fun doing it!
Thank you for another very informative presentation.
Thank you for providing information in a clear and calm manner. Non of that nonsense Buy to let is dead and setting up tenants and landlords against each other. There would always be bad landlords and bad tenants does not matter what laws are in place.
In my view it would get worse for tenants if faceless corporations become landlords and this is the direction PRS is going in UK. I like your balanced approach to all the news that is coming out regarding Private rental sector.
Thank you! I hate the constant negativity and I wanted to do a video to tell it as it is. Explain the ambiguity and why we don’t know things. And debunk those myths!
Thank you another excellent presentation, your channel is my go to place for Landlord information, hope your channel goes from strength to strength!!
Thank you! It's nice of you to leave a comment. I'm enjoying it (even the video editing), and I think it comes across.
Thank you. That was very helpful. I only hope that enough people follow you to make it worth while.
It’s already worthwhile! And it will only grow. Thank you for your support 😊
Great video. Clear info. Thank you ❤
Thank you for taking the time to leave a comment 😊
Brilliant video clear and concise information
Thank you! 😄
excellent, as usual
The legislation appears to be aimed at forcing landlords to equalize their requirement when choosing a tenant, which is not necessarily a bad thing, as Landlords and Letting Agents have set the bar quite high for renting, a bar they've only been able to maintain due to market conditions, granted the housing shortage isn't their problem, but it is the problem of the government, hence why the government are introducing the mandatory lowering of requirements through legislation.
Renting is after all meant to be an equitable business arrangement, one party being able to place disproportionate requirements on the other due to market conditions is not something which is particularly desirable from a regulatory perspective, nor can it be reasonably characterize as an "equitable business arrangement" when the Landlord is able to set those requirements and expecting to be paid at regular intervals in return.
You seem like a nice lady, I've enjoyed watching your videos.
I agree absolutely. There will be many repercussions of this Bill. I’m focusing on the “how to” and “what does this mean” and try to keep out of the politics.
You are right about equity and fairness. Both parties have contractual obligations and need to hold up their side of the bargain. It shouldn’t be one way traffic.
❤ nice update thanks
Thank you Felicia x
Thank you, so informative!
I’ve got tenants who ask for fixed term tenancies rather than going on to a rolling periodic tenancy. They want the reassurance that they will be in the property. This won’t benefit them!
I know! I have tenants like that too. I have been reassuring them a lot.
Any reason why a termination clause couldn't be inserted in an AST today for when this is implemented? Say one week before it's implementation date termination of lease happens. If mutually agreed then surely it's enforceable prior to this coming in?
That’s a good question but tenants already have a lot of protection.
The short answer is that you can’t do that and it would be an illegal eviction. You can only terminate a tenancy agreement now by using Section 21 (2 months’ notice) or a ground under Section 8. And then if the tenants don’t move out, even now you have to go to court to get an order for possession. It’s not like a mobile phone contract where you can give notice and that’s it.
Here are the rules now and how the Renters’ Rights Bill will change them. If landlords don’t follow the rules a tenant has a lot of protection and it’s an offence to do an illegal eviction.
Hope that helps.
th-cam.com/video/2KHz2F-Re5o/w-d-xo.htmlfeature=shared
Myself snd many thousands of Landlords are already getting out of the market - and we won't be coming back until all the madness is is repealed - trust me - it's just going to get a lot worse yet!!
I’m not particularly worried about the Bill. I answer the point you make in this video
th-cam.com/video/rX1jROuTRqI/w-d-xo.htmlfeature=shared
What measures are there if tenants abuse/ vandalise the place? Can landlord still go through section 8 to obtain property and how long does that take?
They’ll need to use discretionary ground 12 for breach of agreement or maybe 13 and 14. I give a bit of detail here.
theindependentlandlord.com/rrb-grounds/
I read the article 'end of AST trap' on your website. It said the renters rights bill will help leaseholders who have ground rent over £250, is this 100% correct and set in stone as I haven't heard this anywhere else? Will it be easier for those leaseholders with ground rent over £250 to sell their properties (lenders will no longer request a DOV or indemnity policy) ? When do you think lenders will change their stance if so ? Thanks, keep up the good work
You can check the Bill yourself: section 33, long leases over 21 years can’t be assured tenancies.
This doesn’t end doubling or ground rent or high ground rent but it means a freeholder can’t use s8 to evict a leaseholder for non payment of ground rent
I wouldn't trust myself on those stairs
Stairs?
@indie_landlord your wee ladder arrangement... Looks terrifying in socks!
OIC! It’s just storage up there, not habitable space. Like a loft ladder. And I don’t go up there!!
OIC! It’s just storage up there, not habitable space. Like a loft ladder. And I never go up there!!
I need to give a section 21 to tenants but I would like to give the tenants at least 4 months notice to find alternative accommodation rather than the statutory 2 month Is this still possible with section 21?
You’d need to be careful about running out of time before serving an order for possession if they don’t move out. What I did was let them know informally a few months before I served the notice that I was selling up so they had plenty of time to find somewhere else. I also said I was flexible on dates. In the end they stayed an extra month to dovetail with their move in date, and they left the flat so nicely that I cancelled the inventory and gave them their full deposit back!!
Thank you Suzanne, that's most helpful!
Will landlords be able to take deposits and how much?
Yes. Landlords will still be able to take tenancy deposits of up to 5 weeks’ rent. The tenancy deposit rules aren’t changed
Is the new form of contract technically easier to deal with bad tenants? As I understand it having an AST gives the tenant more rights under the fixed term than a periodic? I've never needed to evict a tenant so I'm not talking with experience here!
The new assured tenancy won’t have the right for landlords to use section 21 for evictions, which means they’ll have to provide evidence to the court they qualify for one of the grounds under section 8
Will a delayed rent increase "reset" the rent review window with the new RRB?
If a rent increase is delayed becaused the tenant took it to the Tribunal to challenge it, does that delay "reset" the rent increase window?
I.e. If the Section13 rent increase was supposed to kick in in March, but the Tribunal didnt rule on it until July (let's say they agreed it was fair) and therefore that rent increase can then start in the next rent period (i.e. July), does that mean the next rent increase review month will be the following march or July?
Excellent question. Section 13 says now that the next notice can't take effect until "the date that falls 52 weeks after the date on which the increased rent took effect". I don't think this has been changed, but will take a more detailed look. So to answer your question, I think it will "reset" it, and the next notice couldn't take effect until 12 months from the date that the tribunal increases the rent from. But don't quote me on it! :-)
So it is possible to never achieve an annual rent increase, because each time it resets the review month. This is what many are calling "Rent Caps by the back door" and l agree.
What will happen is rent increases will be much higher ie always top end of Market, to account for a possible delay.
Very badly thought out. Bad news for everyone.
@ It’s not quite correct to say you’ll “never” achieve an annual rent increase. You will be able to propose a rent increase by serving a section 13 notice to change the rent 52 weeks since the last rent increase using s13 / the rent as set by the tribunal. If your property is high end and your tenant appeals, then you’ll need to justify why your rent should be at the high end. I think may will negotiate a lower rent with the tenant after serving the notice, and that way you can increase it annually. Or have a good relationship with the tenant and a track record of only proposing reasonable increases. Not all tenants will appeal.
I don’t get into the politics, and just explain what I interpret the rules to say.