We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
For all private landlords (including housing associations but excluding local authorities) – there is help in Part 3 to tackle abandoned premises potentially without court proceedings.
- Landlords can end an assured shorthold tenancy on giving a tenant a notice - tenancy then ends that day.
- 3 warning notices need to have been served beforehand – 3rd being fixed to a conspicuous part of the property.
- The tenant must have 8 consecutive weeks (or 2 months if monthly) rent arrears.
- There is a procedure for the tenant to apply to seek reinstatement in court.
- This won’t help with abandoned properties where housing benefit pays the rent but will prove very useful otherwise. Time to update the abandonment policy and procedure…
Pay to Stay – known as High Income Social tenants (HISTs) – Part 4 chapter 3
- All the detail that was the subject of extensive debate in Parliament (the income level triggers, what counts as household income, annual increase of the trigger levels etc) are to be found in regulations yet to be published.
- Remains mandatory for local authorities and optional for housing associations but if a housing association chooses to have a policy then it must publish it (section 89).
The Act introduces a range of penalties for “rogue” landlords and property agents in Part 2
- Banning orders – banning a person from being a landlord if they have been convicted of particular offences.
- Rent repayment orders (RRO) – a tenant or a local authority can apply to the First Tier Tribunal for an RRO if the landlord has committed various offences, which include failure to comply with a Housing Act 2004 improvement or prohibition notice or illegal eviction. The RRO is then recoverable as a debt.
Huge changes for local authorities with the introduction of new secure tenancies in Part 4 chapter 6 - old secure tenancies now aptly called “old style secure tenancies”
- All new secure tenancies must be fixed-term tenancies of between 2 and 10 years, though the maximum period is extended (where a child aged under 9 will live in the property) to the day the child reaches 19.
- Review processes introduced to challenge the length of the fixed term offered and to review the decision made on whether to grant a new tenancy to the end of the fixed term.
- Succession changes – any succession (other than to a spouse or partner) granted under the tenancy agreement e.g. to a family member – will take effect after “vesting” as a fixed-term tenancy of 5 years. No more succession to lifetime tenancies unless it’s a spouse or partner successor.
Electrical safety – Part 5
Regulations (awaited) can impose duties on private landlords of residential premises to ensure electrical safety standards are met. Regulations will imply terms into a tenancy so a tenant or Local authority can enforce them.
For more information
Please contact Helen Tucker
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
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