So what are the key measures of the Act?

• Existing assured tenancies (fixed term and periodic) will convert to periodic assured tenancies. This means that by default all tenancies will become periodic (rolling) tenancies. With all tenancies being periodic, tenants can decide to end their tenancy by giving just two months’ notice.
• No new fixed term assured shorthold tenancies (ASTs) can be granted.
• Section 21 “no fault” eviction notices can no longer be served, meaning landlords can no longer evict tenants without providing a valid ground.
• Limits on rent increases. Rents will be increased by landlords once every twelve months, to the open market rent only.
• Prohibition on rental bidding wars.
• Anti-discriminatory measures (prohibiting refusals based on benefits or children).
• Tenants will have the right to request they rent with a pet and permission cannot be unreasonably withheld by the landlord. Landlords cannot require insurance to cover pet damage or increase the deposit for additional risk.
• New regulatory framework.
• Enhanced enforcement powers for local authorities.

Further parts of the Act will be implemented later in 2026 although there is plenty of food for thought for landlords in the meantime, particularly the implications of extended notice periods and restrictions on regaining the property when deciding whether to sell, move back in or renew existing tenancy agreements.

Article written by Property Solicitor Ben James

The post Renters Rights Act appeared first on Brindley Twist Tafft & James.

The government are proposing several changes to the private rental sector which will see Section 21 Notices being abolished, the introduction of ‘Awaab’s Law’ to enable tenants to challenge dangerous living conditions, the introduction of a ‘Decent Homes Standard’ and much more.

At present, a landlord can, subject to compliance with statutory requirements, serve a Section 21 Notice with a view to regaining possession of their rented property without the tenant being at fault. The proposed legislation will ban no fault evictions for new and existing tenancies requiring landlords to provide a valid cause to end a tenancy.

The Renters’ Rights Bill also aims to put an end to bad practices such as landlords and letting agents forcing bidding wars to drive up rents and mid-tenancy rent increases.

Landlords and letting agents will be legally required to publish an asking rent for their property and will be banned from asking for, encouraging or accepting any bids above this price and will only be allowed to raise the rent once a year, to market rate.

The Renters’ Rights Bill will also make it illegal for landlords to discriminate against tenants in receipt of benefits or those with children.

The Bill is also expected to allow tenants to end rental agreements with just two months’ notice from the first day they move in.

Tenants will still be at risk of eviction if they do not pay their rent, cause serious damage or engage in antisocial behaviour and landlords will be able to take possession if they want to sell the property or move in.

The ban could come into force as soon as next summer.

If you are a landlord, letting agent or tenant who requires advice or assistance regarding your rental property, please do not hesitate to contact a member of our Residential Landlord Services team.

Article written by Litigation Solicitor, Lauren Robinson.

The post The end of ‘no fault’ evictions? appeared first on Brindley Twist Tafft & James.

We understand this is a current problem faced by landlords, and fraudulent tenancy agreements are being produced necessitating the need for a Court Order to remove the occupiers.

If you find yourself faced with this problem, please contact our experienced team today who will be happy to assist you in regaining possession of your property.

We are experts in Residential Landlord Services understand the importance and urgency of such matters and are here to help.

The post Fraudulent Tenancy Agreements & Removal of Unlawful Occupiers  appeared first on Brindley Twist Tafft & James.

The Renters Reform Bill will abolish the Section 21 Notice which allows a landlord to evict tenants at the end of a fixed term without good reason.

The changes to the law – designed to protect the UK’s 11 million tenants and provide them with safer, fairer and higher quality homes – will bring in greater restrictions on landlords whose reasons for wanting to evict their tenants do not meet a certain criteria.

The Bill is currently going through Parliament and is expected to become law next year.

The new laws were designed to crack down on no-fault evictions.

The main change is that a landlord cannot ask a tenant to leave if, for example, they want to move a friend into their property, or if for any reason they just don’t like them.

The only way they can evict their tenants who are “not at fault”, is if they want to live there themselves, or move an immediate family member in, or if they want to sell the property. Even then, it will not be a quick process, because, if a landlord wishes to move into the property themselves, they cannot serve notice within the first 6 months of the tenancy.

The changes will also allow tenancies to roll month by month meaning landlords who previously were entitled to six or 12 months’ tenancies will now be periodic and determined by the frequency that rent is paid. This gives tenants much more flexibility, and removes the security for landlords knowing they have a tenant in situ for 6/12 months.

The reforms will give more rights to tenants who want to keep pets too. Under current legislation a blanket ban on all pets is allowed. Most landlords take advantage of the ban for fear of potential damage caused by the animals to the property.

Under new proposals, still be discussed, a tenant has the right to request to keep a pet and the landlord will have no right to refuse the request without good reason. However, they may ask their tenant to cover pet insurance and home insurance to cover any damage.

Tenants who fall behind with the rent or who are causing anti-social behaviour are not protected by the laws and may still be evicted by their landlord in the usual way under the section 8 notice regime.

The new reforms will give tenants more protection but restricts what landlords can do with their own properties.

There are expected to be some exceptions such as private student lets, though this is yet to be confirmed.

If you are a Residential Landlord looking for advice on this issue or any other, please get in touch with our expert team.

The post Proposed Tenancy Reforms….. A Headache For Landlords appeared first on Brindley Twist Tafft & James.

The Renters Reform Bill is currently passing through Parliament, which was in local news this week, regarding the changes to section 21 notices. The legislation aims to help 11 million tenants benefit from safer, fairer and higher quality homes, which will also empower tenants to challenge poor landlords without fear of losing their home.

The exact changes to the eviction process are yet to be confirmed, but they likely mean that landlords will only be able to serve notice on tenants in specific circumstances, such as instances of anti-social behaviour or when they wish to sell the property or when they or a close family member want to move in, after six months.

The bill also makes it easier for landlords to repossess their properties in cases of anti-social behaviour or where the tenant repeatedly fails to pay rent.

What happens next?

The bill will need to pass through parliament before becoming law. 

With the government’s proposals now revealed, it will start its journey through the House of Commons and House of Lords, before receiving Royal Assent which is when it formally passes into law.

This process will likely take months, so the reforms may not be implemented until 2024.

Please contact us to discuss our full range of Landlord Legal Services and see how we can help.

The post How do I evict a tenant once the new legislation passes? appeared first on Brindley Twist Tafft & James.

As of 1st April 2023 it will be unlawful for Landlord’s of commercial premises to continue letting a property with an EPC rating lower than minimum standard E (a sub-standard property).  The following circumstances are exceptions to this rule:

• Where the landlord has registered an exemption on the Private Rented Sector Exemptions Register; or
• All relevant works have been carried out, but the property still remains substandard and an exemption to this effect has been registered.

Commercial landlords are therefore advised to review their property portfolios and carry out improvement works to sub-standard property as a matter of priority. It is envisaged that by 2027 MEES must be at a minimum C standard and by 2030 minimum B standard.

Where a landlord continues to let sub-standard property, financial penalties of up to £150,000 (calculated on the rateable value of the property in question) can be imposed. Non-compliant landlord’s may also be named.

There are permitted exemptions available to landlords, but they are only effective for 5 years and must be reapplied for after expiry. Exemptions cannot be transferred to successors in title. The permitted exemptions are:

• Consent: where consent to the works cannot be obtained from a third party or such consent is subject to unreasonable conditions. The onus is on landlords to show they have made reasonable endeavours to obtain this.
• Diminution in value: where the works would reduce the market value of the property by more than 5%. A surveyor must certify this.
• New landlord: grace period where a property is purchased by a new landlord with a tenant in situ and that property is sub-standard.
• 7-year payback rule: where the cost of the works exceed the energy savings over a period of 7 years.
• Wall insulation exemption: a copy of written opinion from a relevant expert stating that a property cannot be improved to an E rating because the recommended wall insulation measure would have a negative impact on the property (this mainly applies to listed buildings).  

The MEES do not apply where:

• Leases are of a term in excess of 99 years
• Short term tenancies of no more than 6 months (assuming the lease is not renewable under the Landlord and Tenant Act 1954 and provided the tenant has not previously been in occupation for more than 12 months), licences and tenancies at will.
• Buildings not required to have EPC’s e.g.: agricultural farm buildings, listed buildings.
• Buildings where the EPC is over 10 years old or there is no EPC. The grant of any new lease however will trigger the regulations coming into effect. There is a question mark over renewals.

Landlords are advised to act now and bring sub-standard property up to standard not only to avoid fines but to continue to let their properties, protect their investments and have the ability to raise finance where necessary. The government seem intent on increasing the threshold and standards and MEES are a key part of the Government’s drive towards net zero. Whilst this timetable to achieve the C and B rating may appear generous, early planning is essential, and many landlords will be concerned as to the financial and administrative burden placed on them by the new rules.

For further advice on this matter, or any information on buying, selling, or leasing commercial premises and you would like to talk to a specialist solicitor, then please get in touch with us.

Article written by Commercial Property Solicitor Bejul Lakhani-Lever

The post MEES – The next chapter appeared first on Brindley Twist Tafft & James.

In some cases, residential landlords have decided to sell their rental properties. In a large number of transactions, the sale of the property is subject to vacant possession i.e. no tenants in the property.

What happens when your are thinking of selling your rental property but you have tenants living there?

Evicting your tenant

In ending an assured shorthold tenancy, notice periods apply. A Section 21 Notice (commonly known as a no-fault eviction) requires 2 months’ notice to the tenant. Other types of notice offer differing notice periods depending on the circumstances.

Should the tenant not surrender the property by the end of the notice period. Possession proceedings would be necessary, and it is difficult to predict how long it would take to obtain a possession order, especially if the case becomes defended.

It is necessary to keep this in mind when considering selling your property.

Where possible, informing your tenant of your intention to sell the property and then serving a notice to end a tenancy as you place the property on the market may start the process sooner and assist you in avoiding delays to the completion of your sale.

Residential Landlord thinking of selling your rental property? Contact us to discuss our full range of Landlord Legal Services and see how we can help.

Article written by Conveyancing Solicitor Mark Cooper

The post Selling your rental property appeared first on Brindley Twist Tafft & James.

As of 28^th January 2021, HM Government has begun to encourage the use of the “model tenancy agreement” the aim of this agreement is to strike a fair balance between Landlords and Tenants. As well as to address issues in the rental market recognised by the government.

A new requirement for landlords has now been created, landlords now must carry out and provide their tenants with an electrical installation condition report (or perhaps more commonly known as an electrical safety certificate) alongside the gas safety certificate and Energy performance certificate.

What is the model tenancy agreement and what is different about it?

The main difference that the Model Tenancy Agreement attempts to implement is to allow “responsible tenants” with well behaved pets to obtain tenancies easier than they currently do. A tenant must still obtain the prior written consent of the landlord to have a pet at the property, but the landlord cannot unreasonably withhold that consent and must make their decision on the merits of the request. If the request does not have a response from the landlord within 28 days of it being deemed served, then it is deemed to have been accepted and permission granted.

Why do I need to ensure the property has the EICR and the tenant has a copy?

Not only is there a potential for a fine of up to £30,000 to be levied against the landlord in question but also this may hinder a in serving a valid notice to end a tenancy and reclaim possession of the property in question.

Do I have to use the Model tenancy agreement?

The agreement is not obligatory, it is only a recommended document and private landlords are not obliged to use the document. The document in question is adaptable for shorter Assured Shorthold Tenancies.

Do I need to review my agreements?

As with all tenancy agreements, we recommend that you have your tenancy agreements reviewed at least once a year to ensure they remain compliant with the law and give you as much protection as possible.

Get in contact today with our Landlord-tenant team regarding a review of your tenancy agreements, to enquire about our fixed fee tenancy agreement drafting service or for advice concerning your obligations as a landlord.

The post Changes to landlord-tenant law. What do you need to know? appeared first on Brindley Twist Tafft & James.

Have you received a Section 21 notice?

This is a notice that the landlord wants his property back. It is not necessarily stating that you have done anything wrong or that you have breached the tenancy agreement in any way.

Depending on when the tenancy began, the landlord should not serve a notice within the first 4 months of the fixed term. If he does, it will not be valid.

There are a number of things the landlord has to have done in order to send a section 21 notice and if they have not done so the notice is likely to be invalid. If your tenancy started on or after 1 October 2015 you should check whether the landlord has:

1. Protected your deposit in a registered scheme within the necessary timescales. The timescales vary depending on when the tenancy started but it will be either 14 or 30 days from the date you paid the deposit.
2. Provided you with the relevant information about the scheme within the timescales above.
3. Provided you with an Energy Performance Certificate. This should be done at the beginning of the tenancy but can be done later as long as it is before the s21 notice is sent to you.
4. Provide you with the How to Rent handbook.
5. Provided a gas safety certificate, if relevant.
6. Fitted smoke alarms on every floor which have been checked and work at the outset of the tenancy.
7. Fitted carbon monoxide alarms in every room with a solid fuel burning source and that they have been checked and are working at the outset of the tenancy.
8. Has obtained a licence when a licence is required.

The landlord cannot send you a section 21 notice if you have made a complaint in writing about the condition of the property, they have failed to respond, you have made a complaint to the Local Authority and the Local Authority have served a notice in respect of the property. This would have to have taken place prior to you receiving the s21 notice.

If you believe the notice is invalid you can inform the landlord and he will likely either do what is necessary to rectify the issue and then re-serve the notice (which will give you extra time in the property) or will ignore you and issue a claim. If the landlord issues a claim then you should respond to the claim in the way stated on the court documents and inform the court that the notice is invalid. Again, this is only likely to buy you time as, if the court strikes out the landlord’s claim, the landlord is likely to rectify the issue and then serve a new notice.

In reality you are unlikely to defeat the s21 notice forever; therefore, you should investigate other options available (see below).

Have you received a Section 8 Notice?

This is usually for a breach of the tenancy agreement but can be because the landlord wants the property back for his own use. The notice will state on which ground or grounds the landlord is relying. Check your tenancy agreement – there should be a clause in there stating which grounds the landlord is entitled to rely on. If the ground in the notice is not stated in the tenancy agreement then the notice is likely to be invalid. If this is the case the landlord will probably not be able to rectify this but in certain circumstances can ask the court to ignore the need for a notice.

It may be that you can rectify the breach. For example, if the notice relies only on ground 8 for rent arrears and you pay enough to bring the arrears below 2 months’ before the court hearing then the court cannot grant possession.

There are many considerations depending on the grounds relied on. Please contact one of our landlord and tenant specialists for advice on your specific situation.

If you accept what is said in the notice then you should take steps to find alternative accommodation. If you are in a position to rent privately then make the relevant enquires with local agents and landlords; if you are not able to rent privately take your s21 notice to your local council and explain that you need to be rehoused. Different councils take different approaches but the earlier to notify them of an issue the better.

If you would like assistance with any aspect of your tenancy, please contact John Ward on 024 76 531532.

The post I’ve received a Section 8 or Section 21 Notice – What do I do now? appeared first on Brindley Twist Tafft & James.

Landlords or Tenants (as the case may be) may be reliant on successfully exercising a break clause to protect their future business interests. In either case, the parties to a lease may be alarmed to discover just how difficult it can be to successfully exercise a right to break, with, break clauses often being a source of many disputes between Landlords and Tenants. As such, we cannot stress more highly the importance of seeking timely expert advice before serving, or upon receiving, a break notice.

The right to break may arise on one or more specified dates, or it may be exercisable at any time during the term of a lease on a rolling basis. Whenever a right to break is exercised, care needs to be taken to avoid the problems which can be caused for landlords or tenants who risk losing their right to bring their lease to an end by failing to validly exercise their right to break.

Break clauses often come with conditions and it is important any such conditions are complied with when exercising the option to break. Such conditions could include;

• The tenant must have paid all the rent (or all payments due under the lease).
• The tenant must have performed all its covenants under the lease.
• The tenant must not be in material breach of its repairing covenants.
• The tenant must give vacant possession.
• The landlord must have an intention to redevelop the property.

A right to break can be lost because of a breach of a condition, or in not ensuring a condition is satisfied at the appropriate stage whether it be prior to the notice being served, or on the break date – care must be taken.

The requirements as to the form and service of the break notice must also be strictly complied with. Generally, a notice sent by the wrong person, or to the wrong person, will be invalid and therefore careful attention must be given to who has the entitlement to send or receive the notice. The break clause may include a particular form of notice which must be used and by not doing so, an alternative form of notice which would otherwise be valid, could be rejected by the receiving party. Where no form of notice is provided it is vital that the form of notice used is properly drafted.

Sometimes mandatory notice provisions setting out how the break notice must be sent to the other party, and when it will be deemed to have been received, will apply. In other cases, the general notice provisions in the lease will apply. Again this is something which needs to be carefully considered.

Whether you are tenant or landlord exercising or at the receiving end of a right to break, seeking expert legal advice in dealing with any aspects of a break clause at the earliest opportunity can help ensure the right to break is successfully exercised and that any lengthy and costly disputes are avoided. For further advice or assistance, please contact a member of our Commercial Property team on 024 7653 1532.

Imelda Kavanagh

About the author

Imelda Kavanagh joined Brindley Twist Tafft & James in Coventry in 2015.  She is a solicitor in the Commercial team and deals with a wide range of commercial property matters.

The post Break Clauses in Commercial Leases – What you Need to Know appeared first on Brindley Twist Tafft & James.