Over a Year of Empathy & Support
At the height of the pandemic last year, we saw an increase in some very difficult situations that letting agents and property managers had to deal with. This has continued to be the case in 2021 as the situations people face have continued to unravel.
We cannot remember a more difficult time that our clients have had to deal with. Pre-Pandemic, the most challenging situations were based around rent arrears and serious maintenance issues.
However, while wrestling with the change of business circumstances, there has also been a need to manage much more serious problems against a backdrop of ongoing challenges with mental health and social justice. Property managers and owner managers have been facing much more contentious issues. There has of course been a surge in substantial rent arrears because of the coronavirus, but there have been some incredibly difficult struggles tenants have been dealing with: -
Domestic Violence is at an all-time high. Letting agents have been liaising with the police who intervene, and injunctions are applied for to prevent the abuser from either harassing the victim or entering the family home.
Smoke and Carbon Monoxide alarm rules to be Updated
On the 23rd November 2021, the UK Government announced that the rules for domestic smoke and carbon monoxide alarms within all rented accommodation in England are to be amended.
Following parliamentary approval all landlords in both the social and private rented sectors will be required to repair or replace smoke and carbon monoxide alarms once they have been informed that they are faulty. The testing throughout the tenancy will continue to remain the tenant’s responsibility.
The key change to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 will require landlords to ensure that a carbon monoxide alarm is installed in any room of their homes where there is a fixed combustion appliance, including a gas boiler. Where a new fixed combustion appliance is installed a carbon monoxide alarm will be required to be installed by law. Gas cooker appliances are to be excluded from the new rules.
An Update from Westminster
An Update on the Renter's Reform Bill
The White Paper on the Renters' Reform Bill, should have been published in October and has now been delayed until 2022, The announcement made by the Department of Levelling Up, Housing and Communities was a surprise given that the Bill had appeared on the government's agenda and in the Queen's Speech. The government announced that the White Paper would provide an outline of it's plan to its reform the private rented sector. The proposed changes are set to include:-
-
abolishing Section 2
-
the introduction of lifetime deposits
-
a Tenants' Redress Scheme
-
a Landlords' Register & Regulation of Landlords
A recent survey looked at the difficulties individuals face when renting, letting or enforcing property standards in the Private Rented Sector.The Government’s said that they are committed to exploring the merits of a national landlord register and the Department for Levelling Up, Housing and Communities are engaging with a range of stakeholders across the private rented sector.
The initial research exercise will complete in December 2021. The findings from this survey of private tenants and other sources of research will be used to inform next steps and further engagement.
Mediation in the UK - Is this the Way Forward?
In the UK, mediation has been used to find solutions predominantly, to commercial disputes, however, more and more, courts have become proactive in encouraging parties to mediate. Over the last 19 months because of the Pandemic, the courts have experienced serious backlogs. This impacts not only the legal profession, but also has a detrimental effect on the claimant and defendant who wait while court hearings are re-listed.
In February 2021, a new mediation pilot was introduced as part of the court process for housing possession cases by the Ministry of Housing.
The mediation pilot was free to use for landlords and tenants involved in a housing possession court case and the objective was to resolve cases without the need for a face to face court hearing.
The service was to form part of the government’s work with the judiciary on new court arrangements to support all parties in response to the coronavirus (COVID-19). Details of the other arrangements are available in COVID-19 and renting guidance for landlords, tenants and local authorities. Whilst the pilot has now ended, the mediation process offered illustrated just how important finding an alternative to the court route has actually become.
The Benefits of Mediation
It is a fact that Mediation can be less stressful and costly than going to a full hearing, where additional fees and expenses will apply.
The process is also proven to be much quicker than a full court hearing. The session is confidential, and the mediator’s aim is to find a solution that is mutually beneficial to both parties. During the appointment the mediator will :
· explain how the session will work
· will treat both parties with equal confidentiality
· speak to each party separately
· be neutral and help each party explore options to try and reach agreement