Pets and Renting

housing, tenant
Mar 02 | 2021

Pets and Renting

Just 7% of private landlords advertise their properties as pet-friendly.

If you are renting your property, it is always important to read about changes in legislation, such as the 'Dogs and Domestic Animals (Accommodation and Protection) Bill 'Jasmines law'. The Act states that a Landlord is legally bound to accept pets in a property.  The Act, although not yet in force, will soon make it discriminatory for a Landlord to advertise their properties as not accepting any pets. However, if a Tenant writes to a Landlord asking why they are not permitted to bring their pet into the property, a Landlord has 28 days to provide his/her reasons.   In order for the Landlord not to be found discriminatory, he/she must prove that they have reasonable grounds for not permitting the pet. This obviously is a two edged sword, firstly 40% of the public have a pet (so the Landlord is missing out on a large population of the rental market) and some Pets are not well cared for, and therefore could cause damage. In January 2021, the Ministry of Housing announced changes to the model tenancy agreement, thereby making it easier for tenants to have pets. Our thoughts are: with 40% of the British public owning a pet, if it is well behaved, then we are on board with the changes in legislation.  It is however very important that the Landlord ensures that all relevant checks are made prior to a tenant occupying the property, that if they are using an Agent, it is an Agent they can trust to make regular inspections, and, they consider having a guarantor, but ensure the agreement is water tight. If you need a tenancy agreement, a guarantor agreement, or have any property issues, then our friendly team are waiting for your call. Please call us on 0330 123 1131 or visit our Landlord Services page for further information. Catherine Hartland-Watkins - Partner

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.  

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

Can a landlord prevent me from renting because I receive benefits or universal credit?

housing, tenant
Mar 02 | 2020
If a Landlord or a Lettings Agent advertises a property to rent saying that 'the Landlord will not accept anyone who is in receipt of benefits', may find themselves in breach of the law and face fines. The law does not allow a person who is in receipt of universal credit, to become a victim of discrimination. Recent cases that have been brought against Landlords or their Agents have resulted in substantial fines.  In 2018, Landlords were fined up to 3,500, but the legal costs of the Tenants who brought the claims were up to £10,000.00. The message to Landlords and Agents is clear, they cannot discriminate against tenants by taking a blanket approach to who they rent, they cannot discriminate against anyone, regardless of their colour, the sexual preference, gender, disability or whether the tenant pays privately or is in receipt of state benefits. This may cause some issues with Landlords because some lenders of buy-to-let mortgages will not allow Landlords rent to tenants who are not paying privately.  The reason is, some lenders believe that Tenants who receive their benefits are more of a risk.  If the Landlord needs the rent to pay the mortgage, then some lenders feel housing benefit tenants may not pay the rent to the landlord thereby putting the landlord in arrears with the rent. Landlords should discuss this with their financial advisor before they accept the terms of the buy-to-let mortgage, they should always fully read the terms of all policies and mortgage conditions. It may help if the Government allows housing benefit to be paid directly to Landlords, or, makes it unlawful for lenders to request that tenants cannot be claiming benefits.

How can I get assistance with renting on benefits?

So if you are a tenant and you need a housing lawyer to help you with a discrimination case, then please call Newbold Solicitors housing team for advice and assistance.  If you are a Landlord looking for housing/tenant advice, then we will be happy to provide you FREE legal telephone assistance.    

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