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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

Trade Body Questions Government’s Supposed Plans To Introduce ‘Hardship Test’ For Landlord Repossession Claims

16th Aug 2024

A sector trade association has asked the Labour Government to provide details regarding whether it will be introducing ‘hardship tests’ into landlord possession proceedings favoured by France and Germany.


Image credit: iStock

Eleanor Bateman the senior campaigns and public affairs officer, is extremely concerned by recent media reports that the Renters’ Rights Bill will add such measures.

While she recognises the massive impact of the Bill on the sector, she stressed the government has yet to issue any ‘meat on the bones’.

Ms Bateman said: “There has been speculation over the circumstances in which a landlord could regain possession of their property once the new legislation is in force.”

The Ministry of Housing, Communities and Local Government (MHCLG) officials held a meeting with the trade association to discuss the issue which also wrote to housing minister Matthew Pennycook asking for details or some form of clarity.

Currently the minister has failed to respond.

The association is only too aware of Mr Pennycook’s previous attempts to  introduce hardship tests into possession grounds of the then titled Renters (Reform) Bill which were turned down by MPs.

These measures would have given courts additional powers to reject landlords  repossessions if it resulted in causing tenants forms of hardship.

Ms Bateman compared the hardship components with Scotland’s temporary measures taken during the Covid era of courts  being required to assess the fairness of possession claims.

But she emphasises that the current situation in England is immeasurably different.

She added: “Until the Renters’ Rights Bill is published and we see the full detail of what’s proposed, we cannot completely rule out the possibility of a hardship test being implemented.

“Reports of hardship tests remain speculative. We will continue to seek clarity on these issues.”

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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/