Author: Thomas Dellow

Renters Rights Bill

The Renters Rights Bill has been agreed by both Houses and is now awaiting Royal Assent.

“Today is a momentous day, because, subject to agreement from this House, the Renters’ Rights Bill will have completed all its stages and will therefore shortly become law. – Matthew Pennycook – Minister of State for Housing and Planning.”

The Government are expected to announce plans for implementation shortly, with the expectation that these will commence in 2026. These include:

For tenants
Abolition of “no-fault” evictions: Section 21 notices will be abolished, so landlords can no longer evict tenants without a reason.

Shift to periodic tenancies: Fixed-term tenancies will be replaced by open-ended periodic (rolling) tenancies.

Protection against discrimination: Landlords will be legally prohibited from imposing blanket bans on renting to tenants who are receiving benefits or have children.

Right to request pets: Tenants will have a statutory right to request a pet, which a landlord cannot unreasonably refuse. Landlords can require tenants to have insurance to cover potential pet damage.

Ban on rental bidding wars: Landlords and agents will be banned from encouraging or accepting rental offers above the advertised price.

Landlord Ombudsman: A new Private Rented Sector Landlord Ombudsman will be introduced to provide a fair, impartial resolution service for disputes.

For landlords
New eviction process: Section 21 to be abolished. Landlords must use an expanded and strengthened set of Section 8 grounds to evict a tenant under specific reasons.

Legitimate grounds for possession: New mandatory grounds for possession will allow landlords to end a tenancy if they want to sell the property or move into it themselves. These grounds cannot be used within the first 12 months of the tenancy.

Private Rented Sector Database: A new digital database will require all landlords to register their properties, increasing accountability and enforcement by local councils.

Housing Standard: Housing standards such as those in “Awaab’s Law” will be extended to the private rented sector, requiring properties to meet minimum safety and quality standards.

Part 4 – Leasehold and Freehold Reform Act 2024

The Government has launched a 12-week consultation with proposals to implement Part 4 of the Leasehold and Freehold Reform Act 2024.

Part 1 of the Act has been implemented, with Parts 2 and 3 being partially implemented pending secondary legislation and further consultation.

Part 4 includes:
– Standardising Service Charge Documentation and Admin Charges
– Requiring Annual Reports for Buildings
– Ensuring Provision of Insurance Information (to supplement FCA Rules)
– Reforming the Major Works (Section 20) Process
– Re-balancing Legal Cost Rules
– Ensuring Reserve Funds and Protecting Leaseholder Funds
– Requiring Mandatory Professional Qualifications for Managing Agents
– Implementing Stronger Protections for Fixed Charges & Estate Rentcharges

We would strongly advise those in the sector to read the consultation and provide relevant feedback.

The consultation may be found at:
https://lnkd.in/eGk8jjPD

Leasehold and Freehold Reform – 2 Year Lease Extension Rule

From 31st January 2025, owners of leasehold homes will no longer be required to wait for two years before being able to extend their lease.

This change being one of the first of many proposed legislative reforms being introduced via the Leasehold and Freehold Reform Act 2024 (“LFRA”), intended to give leaseholders better control over their investments and homes.

The Impact Assessment for the LFRA assumes “that the majority of the reforms will commence in 2025/26. However, our redress reform may not be operational until 2028, due to the need to implement the necessary secondary legislation”.

We welcome sensible and proportionate legislative progress and look forward to continuing to adapt and support these changes as they come into force.

Right to Manage Application

We are very pleased to have received formal acceptance of a Right to Manage application which will result in a saving of over £12,500 relating solely to insurance premium costs.

These savings will be used to improve the building, contribute toward a freehold purchase fund (which we identified under the lease and have since commenced), reduce service charges or a combination of all three.

Whilst uncertainty is the reality for many leaseholders, this latest Right To Manage acquisition will allow our client to fairly administer their development whilst leaseholder reform takes shape.

Staff and Contractor IDs

 

 

 

 

 

 

 

We verify and approve our contractors to ensure that they provide the best possible service to our clients. Our staff and regular contractors are issued with personalised ID badges which help reassure residents when we are working on site.

EWS1 Form Update

The External Wall System (EWS) form was originally designed following Government advice as a result of the Grenfell fire relating to external wall systems on buildings and was created to ensure residential buildings over 18m tall could be assessed for safety to allow lenders to offer mortgages. Changes in Government advice in January 2020, brought all residential buildings potentially within scope.

The criteria for requiring a form considers the height of the building, the type of cladding and (in some circumstances) how much of it there is on the building. There are also criteria relating to balconies and combustible material.

“Lenders should always have a rationale to justify the request for the EWS1 form.”

The Royal Institute of Chartered Surveyors (RICS) has published guidance for valuers on 8 March 2021 and is working with UK government and other stakeholders to ensure the guidance is implemented. This guidance includes criteria that will help decide whether a particular building should need an EWS1 form.

There is currently a national shortage of independent professionals that are both suitably qualified to complete an EWS1 form AND who also have a suitable level of professional indemnity insurance, this means that there are long delays in obtaining a report for buildings which require them. Reports can cost in excess of £10,000 per building once a relevant professional has been commissioned.

An EWS1 form is not a legal requirement and there is no obligation on landlords to complete these despite requests from various lenders, the cost for completing a form cannot be shared across all leaseholders in a block for several reasons including:

  • Some leaseholders do not have a mortgage so an EWS1 form would be irrelevant to them
  • Some leaseholders may have a cash buyer for their flat
  • Some leaseholders may have a long mortgage term which outlasts the 5 years that the EWS1 form is valid for

The RICS have now provided an online form to help determine whether an EWS1 form is required.

This may be found at: tinyurl.com/RICSEWS1

Drain Blockages due to build-up of fat

Drain Blockages due to build-up of fat

 

The accumulation of fat and grease in drains is an extremely common problem. When fat and grease clog a drain, it can cause an overflow of water and the drain becomes blocked.

A blocked drain will become foul smelling and unhygienic.

Where and why does it accumulate?

The drains that clog most commonly are the ones connected to the kitchen sink. Fat, oil and grease can easily go down the sink with wastewater. As the drainpipe cools the fat will solidify and build up eventually causing a blockage. As additional fat, oil or grease is disposed of down the sink, the more likely a severe blockage will occur, eventually preventing water draining away and will causing overflows.

How do I remove it?

The best thing to do is to avoid food going down the sink by disposing of fat with the general waste.

A drain that becomes entirely clogged by fat or grease can be very difficult to remove. Cleaning materials that claim to remove fat and grease from a clogged drain work by penetrating the grease and forcing it to move further down the drain.

The most effective drain cleaner to make at home is a mixture of half hot water and half vinegar. Boiling hot water can also be poured down the drain to help soften the fat and grease in the drains. If the fat and grease build-up is significant a professional drain clearance company will need to be engaged.

How do I prevent it from happening?

Prevention is the only way to stop fat and grease build-up. When cooking or washing dishes, fatty foods should not be flushed down the sink; these include oils, butter, eggshells and all other greasy substances. Using more boiling water and dishwasher liquid can help to break down fats and grease to a small extent. Only stopping the disposal of grease and fat down the drains will prevent the problem.