2 years ago | 4 comments
Hi, I own a Victorian house that I converted into four flats. I’ve sold one, rent out two, and live in one myself. I issue Landlord Tenancy Agreements (non-assured tenancies). I understand I would still need to go through the court process if a tenant refuses to leave under the Renters’ Rights Bill.
I have been in the property for 23 years, keep the rent low and tenants stay for a long time. I never had serious issues with any of the tenants. I am very strict with the selection/referencing of new tenants but one never knows. I do not need to protect deposits (but keep them in a separate account).
Another big problem is I am also allergic to pets so what will I do under the Renters’ Rights Bil?
I am also really worried for several reasons: I am retired and the rent is my main income, if tenants don’t pay I will have no income. This is my home, if I can not evict a tenant promptly, my daily life could be very stressful.
How will the Renters’ Rights Bill affect me?
Thanks in advance,
Resident Landlord
Editor’s Note: You need to protect a tenant’s deposit. The requirement to protect a tenancy deposit taken for an assured shorthold tenancy in England and Wales was introduced on 6 April 2007, following its inclusion in the Housing Act 2004.
More information can be found here >> https://www.property118.com/what-does-the-deregulation-act-2015-mean-for-landlords/
Deposits taken on or after 6 April 2007 for assured shorthold tenancies with an annual rent threshold of up to £100,000 must be protected. The Tenancy Deposit Scheme has more information here >> https://www.tenancydepositscheme.com/wp-content/uploads/2019/09/Tenancy-Deposit-Protection-A-guide-to-the-legislation.pdf
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Member Since February 2022 - Comments: 203
9:41 AM, 1st October 2024, About 2 years ago
Sorry to not answer the question but time to sell the other two flats ASAP. Too many mistakes in just the short paragraph written.
Member Since December 2023 - Comments: 1573
9:44 AM, 1st October 2024, About 2 years ago
After searching ’Landlord Tenancy Agreement’, just in case there was a cunning loophole in the requirement to protect tenant’s deposits, it was good to see P118’s clarification at the end of the article.
Check when your tenancies started. If any tenancy (new tenancy or statutory periodic) started since 6th April 2007 then you are in breach of the tenancy deposit rules.
1. Repay the deposits. Make sure you have evidence that the repayments were accepted.
2. Hope that the tenants don’t sue you for 3x the deposit per tenancy.
3 Section 21 may not be available to you.
If in doubt, seek professional legal advice.
Best wishes.
Member Since December 2023 - Comments: 1573
9:47 AM, 1st October 2024, About 2 years ago
Your pet allergy may be considered an acceptable reason to refuse pets. Hopefully, more information with examples of justifiable reasons to refuse a pet will be provided, if and when the Bill passes through Parliament.
Member Since January 2023 - Comments: 4 - Articles: 1
10:05 AM, 1st October 2024, About 2 years ago
Hi, I think it would be helpful to take a look at Landlord Law’s Tenancy Deposit Repair kit >> https://landlordlaw.co.uk/sales-deposit-error-repair-kit/
Member Since September 2015 - Comments: 222
10:41 AM, 1st October 2024, About 2 years ago
Isn’t the proposed “change” an introduction of the right to request to keep a pet? In practise tenants have always had this, and landlords have always had the right to refuse.
Member Since January 2015 - Comments: 1431 - Articles: 1
11:24 AM, 1st October 2024, About 2 years ago
Reply to the comment left by Gunga Din at 01/10/2024 – 10:41
“To not unreasonably withheld permission” hence needing a reasonable reason
Member Since September 2024 - Comments: 1
12:15 PM, 1st October 2024, About 2 years ago
Reply to the comment left by Cider Drinker at 01/10/2024 – 09:44
Thanks for the Comments.
I was advised that, as a Resident Landlord, I have to issue Common Law Tenancy Agreements (cannot use ASTs).
No deposit protection is required with Common Law agreements.
This was the advice given at the Landlords Registration Course, which was corroborated by a specialist solicitor -and the Deposit Protection Team.
Perhaps best to go back to a law specialist for some fresh advice.
Member Since December 2023 - Comments: 1573
12:34 PM, 1st October 2024, About 2 years ago
Reply to the comment left by Lula Brondesbury at 01/10/2024 – 12:15
I don’t think you are a resident landlord because the flats are self-contained units.
I’m not an expert by any means but I do read the rules a pond that is my opinion.
Member Since December 2023 - Comments: 1573
12:36 PM, 1st October 2024, About 2 years ago
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Member Since October 2020 - Comments: 1134
6:26 PM, 1st October 2024, About 2 years ago
The legislation to allow tenants to challenge a landlord refusal to keep a pet won’t affect you. It only applies to assured tenancies and yours is non-assured by virtue of being a resident landlord.