The government announced new legislation on 30^th April 2021.

Changes have been made to evictions meaning letting agents will now have to ensure paperwork is up to date or risk having evictions rejected in court.

From Tuesday 4^th May onwards section 8 eviction notices must include details of the governments ‘breathing space’ debt respite scheme within the paperwork to be compliant.

Announced last year the Debt Respite Scheme gives tenants in problem debt the right to legal protections from their creditors for up to 60 days.  Read our last blog for full information (https://bit.ly/3b0Roob)

Should you have any queries with reference to the above please do not hesitate to contact me at the office. Gemma Scott-Davies, gemmascott@mandmprop.co.uk. 01474 321957

New legislation being introduced in England and Wales from 4^th May 2021.

Debt Respite Scheme (Breathing Space) – will no doubt be known as ‘breathing space’ regulations.

What does this mean?

The aim is to provide ‘breathing space’ to someone who is facing problem debt and gives them the right to legal protection from actions being taken to recover the agreed ‘breathing debt’.

Not all debt is covered. For a debt to be eligible for ‘breathing space’ status it has to be a ‘qualifying debt’; such as credit cards; store cards; personal loans; pay day loans; overdrafts; utility arrears and Mortgage or rent arrears.

There are two ‘types’ of breathing space:

Standard Breathing Space which provides 60 days ‘breathing space’ during which creditors can take no action to recover any debt, and

Mental Health Breathing Space which is only available to someone who is receiving mental health crisis treatment and the breathing space remains in place for as long as the person is in receipt of mental health crisis treatment, plus 30 days.

How could this impact Landlords?

Rent arrears fall into ‘qualified debt’.  If a tenant believed they could apply for ‘breathing space’ then the first step is for them to meet with a FCA registered Debt Advisor. They (the debt advisor) will review the individual circumstances and see if ‘breathing space’ is appropriate. If they do then the ‘debt’ will be added to the breathing space register. It is important to note that the ‘person’ is not added to the register but the debt – so if an individual has more than one debt they wish breathing space to be applied, then each debt has its own entry.

You will receive electronic notification in writing of any debt where you are the creditor clearly stating the date the debt was added and the date the breathing space is lifted.

What happens during the breathing space?

No action can be taken to recover or pursue the debt.

Put simply, if you are a Landlord and receive notification that your tenant’s rental arrears debt has been added to the register then you are not allowed to do anything to pursue that debt and a notice to take possession of your property on the grounds of rent arrears cannot be issued.

Is your tenant struggling to pay the rent? Are they in arrears? Have you set up a payment plan? Do you know what to do next or what the law allows you to do? Please contact the office if you need help with any of these queries.  We are here and ready to help. Gemma Scott-Davies, gemmascott@mandmprop.co.uk 01474 321957.

A recent report by Uswitch revealed that of the 62.5% of people that had been affected by damp induced mould, 64% of them were tenants, and for those who had experienced mould, 40% of them admitted to drying clothes indoors and 21% to putting furniture up against walls.

So, what can you do to help prevent mould growing in your property?

First treat the mould already in the home – wash and clean the affected areas to remove any mould already present.  Then you can deal with the cause of the mould, CONDENSATION, to stop it reappearing.

. Dry your windows and window sills every morning,

. Hang your washing outside to dry or hang it in the bathroom with the door closed and a window slightly open or extractor fan on.

. If you use a tumble drier, make sure it is vented to the outside or that it is a condensing type.

. Always cook with pan lids on and turn the heat down once the water has boiled.  Ventilate your kitchen when cooking or washing up. Use your cooker extractor hood or extractor fan or open a window.

. When filling your bath, run the cold water first then add the hot - it will reduce the steam by 90%.

. Help to reduce condensation that has built up overnight by opening a window downstairs and a window upstairs.

. Ventilate your bathroom for about 20 minutes after use by opening a small window.

. Keep a small gap between large pieces of furniture and the walls, and where possible place wardrobes and furniture against internal walls.

Landlords

If you are a Landlord we would suggest ensuring that kitchen and bathroom extractor fans are in full working order when a tenant moves in and test them at your inspections.

Regularly inspecting your properties throughout a tenancy will ensure any issues are addressed as soon as possible. Pass the above information to your tenants and ensure all communication is in writing, making it clear that their deposit could be at risk should the situation not improve.

You should also plan a revisit to see how things are looking and if the tenant needs any further assistance.

Good luck!

I hope you have found this helpful, however, if you are unsure about anything you have read today with reference to your tenancy then please give the office a call. As always, the team are here and ready to help – 01474 321957. You can also email me direct at gemmascott@mandmprop.co.uk

Tenant Evictions.

Yesterday, 14th February the government announced a further extension to the ban on bailiff-enforced evictions for private renters in England. The new extension will be until 31 March 2021.

 The statement published overnight states:

"Exemptions remain in place for the most serious circumstances that cause the greatest strain on landlords as well as other residents and neighbours, such as illegal occupation, anti-social behaviour and arrears of 6 months’ rent or more."

Should you have any queries with reference to the above please do not hesitate to contact me at the office. As and when the Government provides further information and detail, I will update you with further blogs in 2021.

Evictions

It was announced by the housing secretary Robert Jenrick on 8^th January 2021 that the bailiff eviction ban will be extended for a further 6 weeks until 21^st February 2021 and possibly beyond this date. 

Which means you will be unable to achieve vacant possession of your property until after this date except in very specific circumstances.  At the moment we can’t comment on just how long you will need to wait for a date, given the back log that will have developed.

What does this mean?

Most eviction’s are on hold until the extension comes to an end, courts are still open but they have a huge backlog of which they are prioritising.

If your case is heard in court then you will only get a bailiff eviction date during the ban in certain exemptions;

. Tenants arrears exceeded six month’s arrears

. Illegal occupation

. False statement

. Anti – social behaviour

. Where a property becomes vacant due to death of the tenant

Should you have any queries with reference to the above please do not hesitate to contact me at the office. As and when the Government provides further information and detail, I will update you with further blogs in 2021.