New laws lean on landlords

published 13 March 2019

937_MW_P22_Inv-Prop — Landlords had better get busy fixing up properties

A round-up of the latest news stories that affect property investors and homebuyers.

In just a few weeks, landlords could be sued by tenants for providing cold and mouldy homes. The law will only apply to new tenancies signed after 20 March, but existing tenancies will be covered by the act at a later date. The act makes it a requirement for all private landlords (or agents acting on their behalf) to ensure a property is "fit for human habitation"at the beginning of, and throughout,the tenancy.

Under the new rules, a property can be deemed unfit for habitation if there is a "serious" problem with any of the following areas: repair, stability, damp, natural lighting, ventilation, water supply, drainage and sanitary services, and facilities for food preparation/cooking.

Subscribe to MoneyWeek

Subscribe to MoneyWeek today and get your first six magazine issues absolutely FREE

Get 6 issues free

https://cdn.mos.cms.futurecdn.net/flexiimages/mw70aro6gl1676370748.jpg

Sign up to Money Morning

Don't miss the latest investment and personal finances news, market analysis, plus money-saving tips with our free twice-daily newsletter

If landlords fail to meet their obligations in these areas, tenants will be able to issue court proceedings to force landlords to do the required work, and claim compensation. At present negligent landlords can only be forced to make repairs by local councils.

Furthermore, under new government plans landlords will soon be legally required to hire "competent and qualified" inspectors to undertake safety checks of electrical installations in their properties every five years. There will be tough penalties for landlords who don't comply, but the government has yet to publish further details about the requirements and the implementation period.

Home reservation agreements trial

Reservation agreements are contracts between buyers and sellers that both sides enter into when an offer is accepted.

The government is reportedly looking into how these agreements would work in practice, including "how much money should be put down" as a commitment towards the deposit, and what extenuating circumstances bereavement or lossof a job, for example would justify a party pulling out of the agreement,says Matt Prior of the Ministry of Housing, Communities and Local Government. The government acknowledges that it would need toget estate agents and conveyancers on board with its plans.

Landlord checks are discriminatory

Designed to prevent illegal immigrants from renting property, the rules have in fact had "little or no effect" in this regard, but have instead resulted in landlords discriminating against potential tenants because of their nationality or ethnicity.

The rules were implemented in England in 2016 following a trial in the West Midlands, but the High Court says it would be illegal to extend them to Scotland, Wales and Northern Ireland without further consultation. The Home Office has been given permission to appeal the court's decision.

Emma Lunn is a multi-award-winning journalist who specialises in personal finance and consumer issues. With more than 18 years’ experience in personal finance, Emma has covered topics including mortgages, first-time buyers, leasehold, banking, debt, budgeting, broadband, energy, pensions and investments. Emma’s one of the most prolific freelance personal finance journalists with a back catalogue of work in newspapers such as The Guardian, The Independent, The Daily Telegraph, the Mail on Sunday and the Mirror. As a freelancer she has also completed various in-house contracts at The Guardian, The Independent, Mortgage Solutions, Orange and Moneywise.

She also writes regularly for specialist magazines and websites such as Property Hub, Mortgage Strategy and YourMoney.com. She’s particularly proud of her work writing about the leasehold sector and a Guardian front-page story about a dodgy landlord. She has a real passion for helping people learn about money – especially when many people are struggling to get by in today’s challenging economic climate – and prides herself on simplifying complex subjects.