Landlords Newsletter March 2020
Welcome to our Landlords Newsletter
With the ever changing laws surrounding lettings it is important to keep your finger on the pulse to protect yourself and your tenants. Stay in the know with the Symonds & Sampson newsletters.
No fault formal two months’ notice (Section 21) to be abolished At the state opening of Parliament in December of last year, the Queen announced the Renters Reform Bill. This will abolish the use of “no fault” evictions by landlords by removing the Section 21 Notice. This will mean landlords will not be able to have guaranteed possession of their property unless the tenant is either causing a nuisance, not paying the rent or is not looking after their home. However, other main elements of the Bill give landlords more rights to gain possession if the tenants are in breach of their agreement.
preferring a tenant to stay long term providing rent is paid and the property is well cared for. A recent survey from the regulatory body, ARLA Propertymark, proves this is the norm throughout England.
The alternative at present is the Section 8 notice where the notice is shorter than two months but is very complex, costly and a judge has too much discretion on the day in court. This is the reason why legal advisers prefer to use the Section 21 notice when going to court because the judge has to grant possession. Landlords are forced to wait for months and more often than not, they go to court for rent arrears so, by the time a date is given, landlords can be at least 6 months without rent.
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Most of Symonds & Sampson’s long-term landlords do not give their tenants notice
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57% of their members have issued less than ten Section 21 notices in the past two years. 39% of their members have not issued Section 8 notices in the past two years. 48% of their members said the cost of a single case at a hearing is between £1000 and £5000.
Rachael James, Head of Lettings, comments “If the Section 21 is scrapped, Section 8 will need to be completely reformed. Landlords must be able to gain possession easier, and with less cost, one suggestion is a specialist housing court. We welcome a reform to the possession procedure but very much hope the government listens to the advice of the industry very carefully”.
Electrical Safety Regulations to come into force Formal legislation requiring electrical installation inspections and testing to be carried out for all rental properties has been provisionally approved, and will come into effect this year. Lucy Nolan shares the highlights. The Government has laid out The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which specify that every fixed electrical installation within a rented property is inspected by a qualified person prior to a tenancy commencing, and thereafter at least every five years (or more frequently where the report states). The landlord must obtain a copy of the report, which must be given to the tenant: •
Before they move into a tenancy commencing on or after 1st July 2020 (or to any prospective tenant due to start a tenancy on or after that date within 28 days of a request).
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By 1st April 2021 in relation to an existing tenancy.
Symonds & Sampson have considered it compulsory for their landlords to ensure safety and duty of care for their client’s tenants for many years, and therefore sought to provide an electrical safety inspection as a matter of course. Clarification of requirement in law is certainly very welcome. Other details:
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Upon request, the report must be provided to the local housing authority within 7 days.
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The private landlord must supply a copy of the current report to any new tenant before occupation,
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The Regulations require local housing authorities to enforce the rules and they have the power to arrange remedial action.
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Proven breaches of the Regulations can result in the local housing authority imposing a financial penalty of up to £30,000.
Septic Tanks, Treatment Plants and Cess Pits
The General Binding Rules (GBRS) created by the Environmental Permitting Regulations 2014 apply to properties with a private drainage system. There is an obligation on a landlord to ensure that the system complies with these regulations, and steps that must be taken if not. Whilst we can outline the requirements of the regulations, our Surveying department on 01202 843190 can give further advice. It is also essential that the operator (the occupier) ensures the systems are emptied and serviced regularly. Tenants do have an obligation as the operator of the system and we will be giving them specific instructions on the matter prior to the tenancy commencing.
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A Day in the Life of a Property Inspector
Adrienne Mathias has worked in our property management department for two years, here is a snapshot of her day! 8.30am: I usually pop into our busy property management department in Poundbury. It’s a great time of day to catch up with my colleagues, before heading out to some of the nearly 1,000 properties we fully manage across Dorset, Devon, Somerset and Wiltshire. I download the list of properties and note any issues which need particular attention. 9.30am: My first visit of the day is to a Grade II Listed manor house. Some tree work has recently been undertaken within the extensive grounds, so I put on my wellies and take a look, photographing the work for our records. It’s an old property, so cracks are inevitable, however I always photograph and document them to ensure we are constantly monitoring for movement. I notice a small water mark on the ceiling of the top floor, which could indicate an issue with the roof or guttering. I report this to the allocated property manager who instructs our local specialist contractor to investigate. 11.00am: The second visit of the day is a modern apartment in town. The tenant has recently called in to say the property is
damp. It’s immediately evident however that the ‘damp’ is in fact condensation caused by poor ventilation. I diplomatically suggest ways to manage and eliminate the issue with the tenant. 12.30pm: I call into the Bridport office to collect the keys for my afternoon visits, and enjoy a catch up with my colleagues there, before carrying out further inspections at properties we manage in the area. 4.00pm: Once all the visits are complete, I return to the office to compile the reports. The reports are reviewed by the property managers who address any maintenance issues, before being sent to our landlords. After a productive day at work, and once the horses and dogs and other family members are done, it’s time to relax!
For a rent assessment and landlord guidance, please call your local office:
Rachael James Head of Lettings 01258 452670
Karen Mitchell Lettings Manager 01935 382903
Lucy Nolan Lettings Partner 01305 251154
Sam Brown Lettings Manager 01308 459565
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Trudi Gumbrell Lettings Manager 01935 814488