Consultations on new Property Licensing schemes launched.
Licensing is, of course, not a new initiative within the Private Rented Sector. The Housing Act 2004 (the Act) introduced a range of measures designed to address to improve the management of HMOs. The Act introduced mandatory licensing of all HMOs which are occupied by five or more persons forming two or more households.It also introduced two types of discretionary licensing. These are additional licensing, where a council can impose a licence on other HMOs in its area which are not subject to mandatory licensing, but where the council considers that poor management of the properties is causing problems either for the occupants or the general public, and selective licensing to cover all privately rented property in areas which suffer or are likely to suffer from low housing demand and also to those that suffer from significant and persistent anti-social behaviour. Other measures include management orders and rent repayment orders.
A Technical Consultation & the Renters Reform Bill
On the 7th December 2022, the Government announced there will be a technical consultation on the consequential amendments to homelessness legislation as a result of the Renters Reform Bill, namely, the removal of section 21 evictions, assured shorthold tenancies and fixed-term tenancies.
The consultation will close at 11:45pm on 25 January 2023 and provides anyone with a vested interest to put forward their opinions on the provisions that have set out in the Renters Reform Bill.
For those who remain unaware, the Renters Reform Bill will be the vehicle for the abolition of Section 21 and will signify one of the most notable shifts in Landlord & Tenant Law since 2004.
Whilst there is a great deal of reference being made to tenants being evicted when they are served with a Section 21, the route to being evicted is a lot more complicated than serving notice. The notice advises the tenant that Vacant Possession is required and that should the tenant fail to vacate, court proceedings could begin to obtain possession. Only if the tenant fails to vacate once a court order is in place, will eviction take place. An clearly, on the basis of the notice served, the eviction would be a ‘no fault’ eviction; no grounds would have been relied upon unlike the section 8 notice.
Ministry of Housing opens Consultation re the Abolition of the Section 21 Notice
Now more than ever you should take the time to add your opinions to a Government Consultation. If you don’t have time or you think your voice won’t be heard, then think again. Anyone who has a vested interest in housing - Private Landlords - corporate or buy-to-let, Housing Associations, Local Authorities, Letting Agents, Estate Agents, Landowners, Investors, Landlord Associations, Tenant Associations - understand what this change means for the housing sector.