New proposals ‘strike the balance between the needs’ of landlords and tenants

As the government prepares to publish its proposals for the Renters’ Reform Bill, the National Residential Landlords Association (NRLA) is calling for the creation of a new landlord and tenant conciliation service as part of its planned changes to the private rented sector.

With the government committed to scrapping section 21 evictions, the NRLA is calling for fundamental reforms to the rights of re-possession that are fair to both tenants and landlords.

The plans outline clear and comprehensive grounds upon which landlords should be able to regain possession of their properties. This includes cases of tenant rent arrears, anti-social behaviour and situations where landlords want to sell a property.

Where possession notices are challenged, the NRLA is calling for the creation of a new ACAS-style publicly funded conciliation service, with a view to resolving disagreements between landlords and tenants without the stress and costs associated with going to court.

Whilst more serious cases, such as those related to criminal activity by a tenant, would need to go straight to court, most could be considered by the conciliation service.

This would help the tenant and landlord to reach an agreement to keep the tenancy going or bring the tenancy to an end in a way that works for both parties. Both tenants and landlords would be able to access the advice and support they needed to make their case.

Where landlords failed to abide by the terms of the agreement, they would be banned from being able to re-possess the property using the same ground for six months. Where renters did so, the case would be fast tracked through the courts.

Ben Beadle, chief executive of the NRLA, commented: “As the government prepares this important Bill, it needs to enjoy the full confidence of both landlords and tenants.

“Our proposals are for a fundamental reform of re-possession rights which strike the balance between the needs of both. The over-riding aim is to sustain tenancies wherever possible or bring them to an end in a collaborative way.

“We hope that ministers will accept our proposals and act on them soon.”

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4 Comments

  1. Anonymous Agent

    This makes an awful lot of sense, which unfortunately will probably mean it doesn’t come to fruition as the powerful lobby groups such as Generation Rent & Shelter won’t like any suggestion that the situation should be equitable for both parties.

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  2. kittygirl06

    What happens  when you have a EPC below C and a tenant that wont move out for works?

    Look at the 5yr elec report, rushed in and expecting everyone to have report done by 1st April or 30000 fines.

    Trying to get an elec is hard and not consistent results, then the same problem if major works required how do you get a tenant out.

    Its needs to be that a notice can be served to get the works done and no fine for landlords when a tenant wont go or government make it near on impossible to evict by removing S21

     

     

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  3. PossessionFriendUK39

    Any  changes will be  HEAVILY  Biased towards the Tenant,   There is already Mediation.

    There is no place for Negotiation or Mediation when a Tenant is in Rent Arrears, –  Full Stop,  ‘ End of ‘

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  4. paulgbar666

    Exactly how do you mediate rent defaulting!?   Either pay the rent arrears in full or get out!!   Rent defaulting is hardly subjective that needs any mediating. The tenant either is or isn’t in rent arrears. If in 2 months arrears which is 1 month and 1 day where rent paid monthly in advance then 14 days later a LL should be permitted to remove the rent defaulting tenants with Police assistance if necessary to prevent a breach of the peace. NO court action required. If the tenant could prove that the LL had been paid CLEARED FUNDS to Police then the LL would NOT be allowed to remove the tenant until another 2 months of rent arrears had occurred. If this was the new process for rent defaulting only then many more LL would take on the riskier tenants who would have tenancy lengths as long as they like on a SPT or CPT basis.   All they have to do is pay the contractual rent in full and on time to maintain their tenancy. Pretty simple isn’t it!!?? No need to change tenancy laws just the eviction ones. Of course this will never happen as Govt knows feckless tenants cause LL £9 billion in mostly rent losses every year. Currently it is LL who are forced by bonkers eviction laws to provide rental accommodation for free until the LL is able to evict. If LL could remove feckless rent defaulting tenants quickly it would be Councils who would have to pay the £9 billion in accommodation costs that currently LL are forced to pay because they can’t get rid of the tenants for what might be years. The NRLA is deluding itself if it believes Govt will make eviction easier.   Govt intends to make it even harder if that were possible!!!!!!!!! Make no mistake Govt doesn’t intend to assist LL whatsoever. As such LL need to ensure they have financial resilience to cope with feckless tenants. Especially if mortgaged LL need to ensure they have extremely robust financial resilience to cope with rent defaulting tenants which could easily last for years. If a LL isn’t sufficiently well resourced then their business model is extremely vulnerable to rent defaulting tenants. Many LL shouldn’t really be so as they simply don’t have the resources to cover for long rent defaulting periods.  

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