
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
The consultation “A New Deal for Renting: resetting the balance of rights and responsibilities between landlords and tenants” (click here) was issued on Friday 19 July 2019. It is open for 12 weeks and closes on 12 October 2019.
As 19% of households currently live in the private rented sector, improving their security and rights is a high priority for the Government. However, these proposed amendments are wide-reaching for all landlords.
In summary, the consultation proposes the following:
Recognising that these measures add considerable protection and security to tenants, the Government is anxious to avoid a reduction of supply in the private rented sector. The paper acknowledges the responses to previous consultations in which landlords complained of delays in using the court process when a Section 8 NSP is used (described by the Residential Landlords Association as “not fit for purpose”) instead of a Section 21 notice and long delays waiting for bailiffs.
It, therefore, proposes some significant changes to the grounds for possession, and a quicker court process and increased availability of county court bailiffs.
In particular, it proposes:
Court processes
The paper recognises how much landlords value using the accelerated possession procedure (where there is no court hearing) and asks which other types of possession cases could be dealt with without a hearing? (Question 29). Rent possession cases may be in mind here.
In addition, a promise is made to reduce the time limit that is currently in the court rules for listing a first possession hearing by one week from 8 to 7 weeks.
The consultation goes on to ask:
All landlords should take this valuable opportunity to respond before 12 October and make it clear what proposals are supported or not and why.
It is possible that the changes eventually introduced will be much less broad, but any opportunity to streamline possession proceedings, simplify court paperwork, reduce legal fees and rent arrears can only be a good thing for landlords!
Should you have any queries about this consultation, then please do not hesitate to contact Helen Tucker.
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