Landlord and Tenant Round Up

1 June, 2023

We finally have some solid news on the Renters (Reform) Bill 2023 which was put before Parliament this week. As anticipated the Bill proposes the abolition of Assured Shorthold Tenancies and S21 Notices which will have far reaching consequences for both landlords and tenants. There will be no more fixed term tenancies and “No Fault” evictions will be a thing of the past, preventing landlords from evicting their tenants without a reason. This means protection for tenants who might otherwise have been given notice simply so that the landlord could bring in new tenants at a higher rent or because they have dared to complain one too many times and become a nuisance or bothersome.

There will be changes to the grounds for possession, including the right for a landlord to recover possession if they wish to sell their property or who have family that need to move in. There will still be a right to recover where the tenant is in arrears and there is some strengthening of that, no longer will landlords be scuppered by tenants paying off just enough of their rent arrears to avoid a possession order before a court hearing because the new ground proposes that if the tenant has been in arrears three times in three years the ground will be made out. On the flip side however, there is proposed a longer notice period before a claim can be issued.

There is a plan to make possession claims move more quickly through the courts but that will require significant changes in the court system and is likely to continue to cause delays for some time to come. The courts are still facing significant backlogs post Covid.

The Tenancy Deposit Scheme rules are also set to change and to be strengthened in tenants’ favour. One other significant proposal is that tenants can now request a pet and that request cannot be unreasonably refused. Expect a flurry of requests for dogs, cats and goldfish!

Remember though that this is only a Bill and has yet to make its way through the Commons and the Lords and so could change along the way but keep your eyes open and we will keep you posted. In the meantime, landlords and tenants continue as normal!

In other news, the proposed leasehold reforms have not yet made it to the doors of Parliament and the Government has said that they will be introduced in the next parliamentary session. For those who want to see a wholesale abolition of leasehold this delay may seem to be a bad thing but with no solid proposals for its replacement the abolition of a system that has stood for hundreds of years would be somewhat reckless. The key to this would seem to be commonhold and the Commonhold Council continues its work to make this a palatable option for all concerned. Again, this is very much a watch this space. We at Storrar Cowdry are well placed to advise you on any leasehold enfranchisement matters. We have been members of the Association of Leasehold Enfranchisement Practitioners for neatly seven years.

Significant changes in the residential property sector will be coming over the next few years and we are here to assist you. Contact Jane Canham on 01244 400567 or email: jane.canham@storrarcowdry.co.uk