More protection for tenants
Things are changing if you rent your home.
Renting is a hot topic at the moment, with several tenants’ campaign groups demanding changes to the balance of power that exists between landlords and tenants.
It seems their voices are being heard with the Government looking to change several key factors in the rented sector. We’ve taken a look at what’s happening.
Revenge evictions
A big issue with tenants is “revenge” or “retaliatory” evictions, or at least the fear of them. A revenge eviction is when a tenant makes a perfectly reasonable request for something to be repaired or fixed and, rather than doing it, the landlord instead issues them notice to leave using a section 21 notice.
Campaign groups such as Generation Rent and Shelter reckon this kind of thing happens all the time – but the Residential Landlords Association is not convinced. It has repeatedly questioned whether a landlord would evict a perfectly good tenant just because they asked for something to be fixed.
Nonetheless it seems that MPs are listening to tenants. Back in July Liberal Democrat MP Sarah Teather presented a Private Members’ Bill, called the Tenancies (Reform) Bill, for its first reading in Parliament. The Bill aimed to ban retaliatory evictions and last week gained the backing of Government ministers.
The Bill will extend the existing restrictions on a landlord’s power to evict, where they don’t protect a deposit or have a licence they are required to hold, to situations where a health and safety hazard has been identified by environmental health officers.
In short, the tenant would have had to call in the council to confirm there was a health and safety issue before being sure that raising the issue wouldn’t result in their eviction.
The bill is due to get its second reading on 28th November. Private Members’ Bills have to go through several stages before they are granted Royal Assent and become law – not all of them go the distance.
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Model tenancy agreement
Housing minister Brandon Lewis last week unveiled plans to introduce a new “model tenancy agreement” which would encourage landlords to offer longer tenancies.
Lewis said the agreement would be particularly relevant for use when the parties enter into a longer-term tenancy of two or more years. However it also contained provisions which allow the landlord or tenant to end the tenancy earlier than agreed.
For example, there’s a six-month break clause the landlord can exercise which effectively means the tenant is on a six-month probation period at the beginning of the tenancy.
Other get out clauses for the landlord include if they are in mortgage arrears and a receiver has been appointed, or if they want to sell the property.
However there’s no legal requirement for landlords to use the new agreement – so many probably won’t.
Code of practice
Lewis also launched a new code of practice for the private rented sector.
He said the aim of the code is to ensure there are good-quality homes for rent, consistent and high standards of management, and choice for the renters.
The introduction to the code states that landlords and agents should “aspire to a standard above minimum legal requirements”.
It suggests that landlords should only use letting agents who are members of an accredited body and an independent redress scheme; who protect client money in a clients’ money protection scheme; and have appropriate insurance.
Other parts of the code are aimed at both self-managing landlords and letting agents.
It sets out the standards required for activities such as advertising a property to rent, Green Deal obligations, viewings, tenancy contracts, references and checks, the inventory, deposit protection, property management, tenancy management, rent, arrears management, repairs, fire, electrical and gas safety, and bringing a tenancy to an end.
But, again, like the model tenancy agreement, the code of practice is voluntary – there’s no obligation for landlords or letting agents to stick to it.
What do you think? Is the Government doing enough to help tenants? Or do landlords need a helping hand? Let us know your views in the comments box below.
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More on mortgages and home:
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The last place to buy an affordable home in England
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