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.
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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