NRLA queries plans for a government ‘hardship test’ for landlord possession claims

Reply to the comment left by Reluctant Landlord at 13/08/2024 – 18:21
Good point Reluctant Landlord! I was thinking too hard!

Charlie Chalker
I am also a landlord who will be 80 in September. I have thought hard about what to do at my age and have come to the conclusion that I will carry on renting out my properties as I need the rental income to supplement my pension. I purchased my properties in 1976 and 1999 at obviously low prices compared with their value today. If I sold them the CG Tax would be crippling. I don’t have any mortgages now but the cost of repairs etc., is very high on these properties as I keep them in good repair. To do this I also save a good proportion of the rental income solely for maintaining the properties. Being a landlord has become a way of life and I think it is good for my mental and physical health to keep going until I die. To be honest some of my life would be a bit boring without it. I don’t have any children to worry about financially, although there are a number of nephews and nieces who will need some sort of financial help. Here’s hoping there’s some money left for them !!!

Reply to the comment left by Kate at 14/08/2024 – 23:06
I know how you feel. You raise a legitimate point of view rarely discussed. Many landlords are old and use the rental to survive. It’s a way of life being a good landlord with one or two properties.

Reply to the comment left by Simon Lever – Chartered Accountant helping clients get the best returns from their properties at 13/08/2024 – 11:53
What happens if the tennant refuses to pay and you cannot keep up with mortgage payments? I bet the bank won’t need to comply with any hardship tests.

A colleague of mine has a small but high value flat in Central London. Fully furnished to a high standard which commands a premium rent, the tenants have full use of swimming pool, sauna and jacuzzi + other lucrative benefits.
He was hoping to continue renting his one only rental property until he reaches 65 years of age (in a few years) . Should the proposed legislation come to pass it be be argued that the tenant who claims that he would be “worse off” and suffer hardship if the order for possession is granted would succeed.
Jeez, what an ill thought out proposal by bunch of civil servants/parliamentary draughtsmen to be consumed by most equally inept legislators .
Carchester

Reply to the comment left by Monty Bodkin at 13/08/2024 – 08:12
I’m not sure I understand this:
‘The court shall not make an order for possession under Ground
1 if the court is satisfied that, having regard to all the
circumstances of the case, greater hardship would be caused by
granting the order than by refusing to grant it.””
Does it mean:
a) if the tenant is caused greater hardship by leaving rather than staying or
b) if the tenant is caused greater hardship than the landlord by leaving?
I guess either way the tenant will always win

Reply to the comment left by Monty Bodkin at 13/08/2024 – 08:12
If it is likely that this legislation will come in then there will be owners right now who will be unable to take the risk of renting their properties. For many potential landlords they will not be able to take the risk of renting if they can’t get their property back.

Reply to the comment left by Charlie Chalker at 13/08/2024 – 09:24
You can put it up for sale with tenants in situ but sale price likely to be 20-25% lower than market price.

Reply to the comment left by PH at 13/08/2024 – 12:56
I started getting out just before the Renters Reform Bill raised it’s ugly head. It was the last nail of a very lot of nails in the coffin