Tenant Reform not to be retrospective?

by Readers Question

14:11 PM, 19th September 2019
About 4 weeks ago

Tenant Reform not to be retrospective?

Make Text Bigger
Tenant Reform not to be retrospective?

Maybe I haven’t read previous articles thoroughly, but I’ve just learned that this Government does not intend for new Tenancy Reforms to apply retrospectively. See reply below from Mark Lambert.

His answer was a blanket answer & did not address my specific concern, but I was at the very least pleased to learn they do not intend for the abolition of Section 21 to affect existing tenancies (see last paragraph)

From: Tenancy Reform
Sent: 19 September 2019 09:53

Dear Laura,

Thank you for your email to the Tenancy Reform inbox. Your views will be considered as a response to our consultation.

I would also like to reassure you that the Government does recognise that landlords need to have confidence that they will be able to gain possession of their property when their circumstances change or when tenants breach the terms of their tenancy, such as non-payment of rent or damage to the property. Therefore, we are proposing, through the consultation, to introduce new grounds for eviction under Section 8 of the Housing Act 1988. This will strengthen the rights of landlords to recover their properties, including when they want to sell or move into the property themselves.

We are also exploring how the existing grounds for possession under Section 8 can be used effectively, or reformed in the future, once Section 21 is no longer available; and, how the courts could consider applications for possession orders more efficiently. We are committed to simplifying, and thereby speeding up, the court processes for landlords to take possession of their property when necessary.

I should also stress that the Government is clear that it does not intend for these reforms to apply retrospectively, and they will therefore not affect existing tenancies. We are seeking views on what would be an appropriate transition period for implementing the reforms, following legislation being enacted.

Yours sincerely,
Mark Lambert
Higher Executive Officer
Private Rented Sector | Homelessness, Leasehold and Private Renting
3rd Floor | Fry Building | 2 Marsham Street | London | SW1P 4DF
E: Mark.Lambert@communities.gov.uk | T: 0303 44 46772 |



Comments

Ian Narbeth

17:30 PM, 19th September 2019
About 4 weeks ago

Encouraging insofar as it goes. However, the last paragraph suggests that as per the Tenant Fees Act the new regime will kick in (and so be retrospective) after a period of time.
It is also perverse to allow that the tenants who have been there longest have fewer rights to stay than recent tenants. I thought the rationale of abolishing s21 was that it was unfair for long-standing tenants to be uprooted without good reason. Once again it does not appear Government is thinking things through.

Bristol Landlord

0:34 AM, 20th September 2019
About 4 weeks ago

Instead of “retrospective” I think it should read “retroactive”?

Luke P

10:02 AM, 20th September 2019
About 4 weeks ago

Ordinarily a Statutory Periodic Tenancy kicks in after the initial, usually six month, term, which, owing to relatively recent Court cases, is the creation of a new tenancy and from when all new legislation applies. If however you have made provision within the written agreement for the tenancy to become Contractually Periodic, this is a straight continuation of the original agreement and new rules generally do not apply. Perhaps time to re-sign those tenants without Contractual Periodic clauses in the near future...?

Dr Rosalind Beck

10:22 AM, 20th September 2019
About 4 weeks ago

I have also been in communication with Mark Lambert and am pressing him for reassurances that an error by the landlord which precludes them from gaining legal possession under the souped-up s8 will not enable non-paying and/or abusive tenants from being able to stay forever rent-free in our properties. So far I have just been thanked for 'sharing' this point. I have asked him now to take this back to his team and work out how to avoid this as it would be an outrage to natural justice and likely spark a legal challenge against the Government. It would be good if others could write to him with the same point so that mine is not a lone message.

April

14:27 PM, 20th September 2019
About 4 weeks ago

What a relief!

Dr Rosalind Beck

15:48 PM, 20th September 2019
About 4 weeks ago

Reply to the comment left by April at 20/09/2019 - 14:27
If you can believe them - and also assuming the Marxists don't get in.

Mick Roberts

8:43 AM, 21st September 2019
About 4 weeks ago

Makes a change,

Normally Govt & Councils do all things retrospective. Clause 24, Benefit Cap, Tenant fees, Single room rate under 35, & the list goes on.
As Ian says, not be long before they apply to your good old tenants that's been there 20 years to upset the apple cart if when tenant does go bad.
More reasons for Landlords exiting.

Great thinking Luke, yes look at the Contractual route for those that aren't already.

Yes Rosalind, we could have them forever rent free. I ain't that old & someone here better than me at history, but it was only 1989-1995 that there weren't many landlords cause there was no tenancy as such, where Landlord couldn't get his house back, so he din't bothered investing.
When Govt bought in the assured shorthold tenancy, which protected Landlord as well as tenant, then tenants could stop living in Bed & Breakfast hotels up & down the country as Landlords started buying houses for them & Investments for theirselves.
Someone please correct me on the exact details & dates.
But it seems we going back to them times, which must ONLY BE a temporary vote winner for the Govt Parties that support this. Keeps/gets 'em in power, but bad for the country. Just as Boris has just been accused of what doing is good for him but bad for country.

Mark

9:47 AM, 21st September 2019
About 4 weeks ago

If anybody was not aware of this detail they have clearly not read the government consultation on scrapping S21 as all of the detail of their intentions is explained on there. The consultation ends soon. Do not ignore it for gods sake take the time to log on and make the government aware of your views while you still can.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

New national model for shared ownership

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More