Student landlord fears over periodic tenancies dismissed

Student landlord fears over periodic tenancies dismissed

8:35 AM, 1st September 2022, About 2 years ago 23

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It looks like student landlords will have to move to periodic tenancies for their rental properties – according to the Department for Levelling Up, Housing & Communities (DLUHC).

While the Renters Reform Bill has still to make its way through Parliament, the DLUHC is responding to landlord fears with a letter that states:

‘While we expect most students will continue to move in line with the academic year, they may equally face circumstances beyond their control and need to vacate a property early, or be locked into contracts for poor quality housing. Responses to our consultation also showed that the student population is diverse – some students have families, local roots, live with non-students, or have other reasons why they may wish to remain in the property.’

Would not be fair to apply different rules to students

It goes on: ‘We do not think it would be fair to apply different rules to students who often require the same level of security as other tenants, or face poor standards within the private rented sector. Therefore, all students who are renting a private home will have periodic tenancies, providing the same certainty as all other tenants will enjoy.’

The letter being sent out by DLUHC is published below.

It was sent to a landlords’ association and the worry for student landlords is that students can give just two months’ notice to leave their property – leaving them with a struggle to find a replacement tenant.

‘Lack of government support for student landlords’

Chris Norris, the director of policy at the National Residential Landlords Association (NRLA), said: “The lack of government support for student landlords is extremely worrying.

“Making student tenancies periodic will only cause problems for all parties involved, and ultimately may result in landlords leaving the sector.

“In the experience of many, one year tenancy agreements are perfect for students as their living situations tend to change year on year.”

‘Create a sense of uncertainty for student tenants’

He added: “By making these periodic, the government will only create a sense of uncertainty for student tenants.

“The government’s proposed changes in this area do nothing to address the major problem affecting the private rented sector: the supply and demand crisis.

“Without pro-growth policies designed to increase the availability of privately rented homes, the shortage of decent accommodation for all tenants – student and non-student alike – will worsen.”

The DLUHC letter that is being sent out:

The Renters Reform Bill will fulfil our manifesto commitment to deliver a better deal for renters by abolishing Section 21 ‘no fault’ evictions. We will move to a single system of periodic tenancies in future, allowing renters to end the tenancy when necessary, and landlords to regain possession in reasonable circumstances defined in law. Our reforms will mean tenants enjoy greater security and feel empowered to challenge poor practice and unreasonable rent rises. 

We recognise that landlords need confidence that they can regain possession of their properties when necessary. We will reform the possession grounds for landlords, introducing new and stronger grounds for repeated incidences of rent arrears, and allowing landlords to end tenancies to sell or move into their properties. We will reduce the notice periods for anti-social behaviour, and explore prioritisation in the courts with the Judiciary, ensuring landlords can take swift action when needed.

While we expect most students will continue to move in line with the academic year, they may equally face circumstances beyond their control and need to vacate a property early, or be locked into contracts for poor quality housing. Responses to our consultation also showed that the student population is diverse – some students have families, local roots, live with non-students, or have other reasons why they may wish to remain in the property. 

We do not think it would be fair to apply different rules to students who often require the same level of security as other tenants, or face poor standards within the private rented sector. Therefore, all students who are renting a private home will have periodic tenancies, providing the same certainty as all other tenants will enjoy. 

We will allow time for a smooth transition to the new system, providing time for the market to adjust, while making sure that tenants can benefit from the new system as soon as possible. We will implement the new system in two stages, providing at least six months’ notice of our first implementation date, after which all new tenancies will be periodic and governed by the new rules. All existing tenancies will transition to the new system on a second implementation date and we will allow at least twelve months between the first and second dates.


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Comments

Barbaracus

12:01 PM, 3rd September 2022, About 2 years ago

Reply to the comment left by Gromit at 03/09/2022 - 10:54
Just one, which is a big issue for joint tenancy tenants.

As soon as one person on a joint tenancy gives notice, it is given for the contract as a whole.

student landlord

7:31 AM, 6th September 2022, About 2 years ago

Forgive me if this is too simple a solution. A week ago I asked readers for any “out of the box” suggestions as to how to make this work. I have come up with my own; i can ask a new group of students to give their 12 month notice at the same time as signing the tenancy agreement.

That way if there is a group that requires the security of a periodic tenancy and doesn’t want to follow the usual academic year pattern they can instead look for a house in the regular PRS.

I will be complying with the law by offering a periodic tenancy and the tenants will be enjoying their right to give at least 2 months notice to vacate, albeit with a longer than legally required notice. On the day the tenancy agreement is signed all parties know when they will vacate and a new group can be signed up to take occupancy in 12 months giving everyone the certainty they currently benefit from. Am I missing something?

Mr.A

15:59 PM, 7th September 2022, About 2 years ago

In Scotland tenants are required to give only 28 days notice .
This has caused chaos in the prs student market .
Pbsa have no such restrictions.
I know from experience that PBSA is almost twice a expensive as prs.
When the small private landlord has gone or diminished the BIG PBSA will jack up their rent even higher, that is when Student bodies, shelter, generation rent will have there eyes well and truly opened.
But it will be too late ,once I sell ,pay my capital gains nothing but nothing will temp me to become a landlord again .

Gromit

19:16 PM, 7th September 2022, About 2 years ago

Reply to the comment left by York student landlord at 06/09/2022 - 07:31
That would (assuming it's legal) solve half the problem. But it would do nothing to stop the students giving notice at the end of March if they know their exams finish at the end of May i.e. they terminate early & you're left with a 2-3 month void.

student landlord

19:19 PM, 7th September 2022, About 2 years ago

Reply to the comment left by Gromit at 07/09/2022 - 19:16
But surely if they’ve already given 12 months notice to vacate in July they can’t give it again for another date?

Dylan Morris

19:28 PM, 7th September 2022, About 2 years ago

Reply to the comment left by York student landlord at 07/09/2022 - 19:19
Don’t see why not if they only have to give 2 months notice.
Sorry if this has already been mentioned but how about a situation whereby a student stays on after his final term for a few months, then gives two months notice in September, so leaves in November making it impossible for landlord to find another student to replace.

Mr.A

19:38 PM, 7th September 2022, About 2 years ago

The powers that be ,dont consider these things ,in Scotland they just want to seem to be doing something, anything
Most of them have non jobs ,a number don't even have a constituency to represent...

Ian Narbeth

9:59 AM, 8th September 2022, About 2 years ago

Reply to the comment left by York student landlord at 06/09/2022 - 07:31
Almost certainly the legislation will have anti-avoidance provisions. Even if it does not, would you like to be the first landlord with a test case where the tenants give a second notice after the first but expiring sooner and then move out and stop paying?

Dylan Morris

10:09 AM, 8th September 2022, About 2 years ago

I’m no legal expert but say a student tenant gives 4 months notice. Then after a month decides due to change in circumstances they need to move out sooner, so gives another notice this time for two months (the minimum). I really can’t see any issue the tenant has given the required minimum of two months notice. (I can’t see why giving the original 4 months notice prevents tenant reducing it down to 2 months).

Dylan Morris

10:14 AM, 8th September 2022, About 2 years ago

The very fact that these crazy rules don’t apply to the purpose built student sector tells you all you need to know. Same with Section 24 (mortgage interest) absolutely no logic why this applies to a sole trader landlord but not to somebody who’s incorporated. Same with minimum C rating on EPC not applying to council housing. It’s clear what’s going on.

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