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.
New Case Law on Service of Gas Safety Certificates, EPC and How to Rent Guide
The valid service of the accompanying documents - Gas Safety Certificates, EPC and How to Rent guide as per the Deregulation Act 2015, for the purpose of serving a valid Section 21 notice was considered in the case of D’Aubigny v Khan & Anor.
Background
Ms D’Aubigny was the tenant under an assured shorthold tenancy (AST).
The landlords (The Khans) served a Section 21 notice.
The tenant challenged the validity of the Section 21 notice, claiming that she had not received the accompanying documents.
The landlords had served all documents by post to the tenant.
Issue
The tenant argued that not only had she not received the prescribed documents, but there was also no clause in the tenancy agreement which permits service of notices and documents by post.
The landlords argued that the tenancy agreement included a clause which allowed service of the prescribed documents by post but in any event Section 7 of the Interpretation Act 1978 (“the Act”) applied, which permits service by post.
King’s Speech presents Renters’ Rights Bill
The highly anticipated King’s Speech on 17th July under the Labour government did not contain any real surprises for the Private Rented except for the fact that what was the Renters Reform Bill kicked into the long grass when the General Election was announced, has now been renamed the Renters’ Rights Bill - emphasis on the first 2 words.
The King’s Speech set out the government's priorities and proposed legislative programme for the next Parliamentary session.
While acknowledging that responsible landlords had made a great contribution to the private rented sector, the government believes that there should be reform with regards to the rights of landlords and tenants.
The PRS & the Intentions of a Labour Government
Since 2019, many landlords have been concerned that Section 21 would be abolished, but the call for a General Election six weeks ago, put an end to the Renters Reform Bill, one of the fallen bills, progressing through the House of Lords and reaching a point where it would receive Royal Assent.
Now that a Labour Government is in place and Angela Rayner has been appointed Secretary of State for Levelling up, Housing and Communities, Labour will need to start the process again, and take a new Bill through the House of Commons and the House of Lords which will take time.