COVID-19 AND SERVICE OF EVICTION NOTICES

Sep 24 | 2020
  Are you confused about when you serve a notice seeking possession of  your property and for how long? due to the ever changing legislation, we thought you may benefit from a brief explanation: In England: After 29 August 2020 you must now give at least 6 months notice on your tenants In Wales: If you served a notice after 24 July 2020 you must have given 6 months notice The change in notice period will stay the same until 31 March 2021, although this situation is fluid and you should keep in touch with our blogs and follow us on face book for updates. The stay on possessions being heard at Court was lifted on 20 September 2020.  However you must serve a notice that you intend the Court to proceed with the possession before the Court will list it for a hearing.  There is ever more onus on the Landlord to attempt to find a resolution before making their application for a possession order, so a pre-action letter is ever more important. The lock down and corona virus restrictions have put a huge amount of stress on both Landlords and Tenants, originally it was 2 weeks for a Section 8 notice and 2 months for a Section 21, now it is 6 months.  In Wales we have interest free loans available for tenants who may be unable to pay their rent, because at some stage in the future, Landlords who have mortgages will need to recoup the unpaid rent. Confused? well the changes are fluid and no doubt will change again.  If you are unfamiliar with the changes then you may suffer a financial loss.  So if you have any questions then speak to our team who will be happy to guide you in the right direction.   s

SECTION 21 NO FAULT EVICTIONS

Sep 24 | 2020
Under the Renters' Reform Act, the UK Government proposes to do away with the Section 21 'no fault' eviction process, a process that Landlords are most familiar with. Shadow Housing Secretary Thangam Debbonaire believes in giving even greater rights to tenants. The Renters Reform Act was announced in the Queens's speech on 19 December following the General Election, there was a consultation period July 19 to October 19. The Government considers this to be a modernisation of the rental market, believing it to be a 'fairer deal for both Landlords and tenants'. However, this is a thorny issue, how will Landlords feel with the abolition of the 2 month no fault eviction process? will it put Landlords off renting properties and will there be additional pressure on Social Housing and Local Authorities?  How will the Courts deal with the hearings that may have to take place if the 'paper' Section 21 notice is abolished? There will be an extension to the eviction grounds contained in the S8 notice, but surely the Homelessness Act will also have to change because a S21 notice is actually saying: 'I was evicted not because I was a bad tenant, but because my Landlord simply wanted their property back from me'.  The Section 21 notice has positives for tenants as well as negatives.  The new process will give more security to a tenant, but will it really resolve the lack of housing in the country? We will keep a careful eye on the changes and we will write a blog for you with our interpretation of the reforms and how it can help both the Landlords and our Tenants. if you have any questions, then please give our team a ring on 01446789359 [caption id="attachment_680" align="aligncenter" width="546"] Britain's Queen Elizabeth and Charles, the Prince of Wales are seen ahead the Queen's Speech during the State Opening of Parliament in London, Britain October 14, 2019. REUTERS/Toby Melville/Pool[/caption]    

LOCK DOWN AND RENTING

eviction, housing, landlord, conveyancing, tenant
Apr 13 | 2020
CORONA VIRUS AND TENANTS     Many of us are seeing images of a perfect lock down scenario; celebrities playing with their children in perfect gardens, or baking in their contemporary expensive kitchens, but this is sadly not the norm. Most tenants are living in cramp, overcrowded and unsuitable accommodation; they do not have gardens, they do not have the space to enjoy cooking.  3.6 million tenants are living in overcrowding situations and 1.4 million in disrepair.  a quarter of houses in the West Midlands were found unfit for human habitation, yet the Midlands and the North are in the new UK Corona Virus epicentre. Many Local Authorities are continuing to ignore their responsibilities as Landlords and allowing this to continue.  It does not stop due to a lock down. If you are a tenant, you must continue to pay rent, but there is financial and legal help and support available to you; Landlords should offer you solutions during this pandemic.  They should be working with you to resolve your rental problems.  They cannot apply for an eviction order until this pandemic is over, or at least, under control. If you live in cramped, unsuitable, Local Authority Properties, then you do not have to continue to put up with it, you deserve a safe and healthy place to live. If you do not have a housing lawyer who can help tenants with advice and support, then please email housing@newboldsolicitors.com and we may be able to take on your matter under a NO WIN NO FEE policy, offering free telephone advice to give you some guidance and support during this most challenging time. Take the decision to stop living like this and take action.  

CORONA VIRUS AND HOUSE MOVING

Apr 08 | 2020
Image result for Coronavirus   We are in challenging and unprecedented times, it is a very fluid situation, so we at NewBold Solicitors are constantly updating our teams, and our Clients, on the Government and Law Society guidelines for buying and selling your properties. The most recent guidelines is to delay transactions if at all possible, so to avoid the spread of the Covid-19 transmission.  If our Clients cannot delay their completion, then social distancing is imperative to keep all our Clients and service providers safe. Q: The property is unoccupied A: Then providing you follow social distancing rules, you will be able to continue with the transaction, however, check the position with your insurance provider if your property is going to remain unoccupied for more than 30 days. Q: I am part of a chain and I have not yet exchanged contract: A: The Government guidelines are that whenever possible you should delay completing; however, the Government does not want chains to fall.  So the teams here at Newbold will be doing our very best to stop that from happening, but at the same time, following guidelines.  A difficult task, so please bear with us. Q: The chain transaction has exchanged: A: If your transaction  has exchanged, then the Government and Law Society guidelines are that (whenever possible), the parties should agree an alternative date to complete, taking into account the pandemic. The contracts between the parties will have to be varied, to take into account this awful pandemic, and the Law Society has provided us with guidance, on what should be put in the contract to avoid any future issues for our Clients. If you have any other queries, then please speak to your team here at Newbold, some are working remotely, so please bear with us; we are mindful that moving home is very stressful under normal circumstances, and these are not normal circumstances, but we are on your side, and we will always work in your best interest.    

COVID-19 - the new regulations on renting

eviction, housing, landlord, tenant
Apr 07 | 2020
The Government has brought in emergency legislation for all Landlords and Tenants in England and Wales. The changes include an extension to the notice period that Landlords must provide to Tenants, an extension to the pre-action protocol rules that a Landlord must adhere to before he/she serves a notice for rent arrears, and additional financial support for both Landlords (with mortgage holidays) and Tenants (with additional benefit allowances). Tenants must continue to pay their rent during the corona pandemic, but Landlords are asked to be flexible during this time.  If a Tenant can evidence that they are waiting for a reply from the benefits agency on an application for financial support, then it is unlikely that the Court will grant the Landlord a possession order. There is currently a moratorium for possession hearings, and once this challenging time has passed, it is likely there will  be a delay with eviction claims being placed before a Court. Due to the change in legislation and this fast moving and fluid situation, it is suggested that you contact an experienced housing, landlord and Tenant

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