New law on abandonment of residential property 06/04/18Make Text Bigger
Below is a summary of a larger detailed explanation of this complex piece of legislation, due to come into force tomorrow!
I thought it would be of interest to Property118 readers.
“The Housing and Planning Act, 2016 Part 3 Chapters 57 – 63 set a legislative, if not complex process for recovery of a property by a landlord where a tenant has abandoned it without notifying the end of a tenancy.
This can be time consuming, cause financial expense and delays to a landlord, but also, often missed is the lost opportunity to re-let that property to numerous other prospective tenants on an increasing waiting list for dwindling property stock.
The reason the legislation was brought by the government was to put some legal framework around what was a fraught process for landlords in trying to take back their properties where a [genuine] belief they had been abandoned, without falling foul of illegal eviction claims.
Whatever the intention, the resultant legislation has ended up of practically no use to landlords ( and those tenants that might have taken up possession of those properties at an earlier point. – Why of little use ?
Because the opposition to the bill ( see Parliamentary debate where some M.P’s had choice opinions on landlords – ) resulted in such amendments and additional provisions that Housing Barristers describe it as ‘incredibly stringent’ and ‘fiendishly complex’ Another opines, Unless your very very confident, don’t even bother.
So why is this legislation as much use as a chocolate tea-pot ?
Because there are three notices that have to be served in a very specific manner That is to every, email address and postal address for any person given previously by the tenant as a means of contact. The Notices must contain certain information ( which has not been set out by parliament in a prescribed format ) If that wasn’t complex enough, there are set timescales that the 3 notices must be served, the second only after 8 weeks rent is outstanding.
If there is any contact by the tenant, or any rent paid at any stage between the 1st and 3rd notice, this renders the process invalid.
For a detailed description of the process, copies of the 3 notices and a you tube link to the timescales explanation, see www.PossessionFriend.uk/abandonment”
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