Is the private rental sector changing?

A proposed major overhaul in the private rental sector is potentially just around the corner. The knock-on effect of this is that it could potentially create open-ended tenancies.

Currently there is no need for the landlord to provide a reason for wishing to take possession., The landlord simply serves a Section 21 Notice of Possession, commonly known as a Section 21 ‘No fault’ Eviction notice. This is the notice a landlord must give to their tenant/s to begin the process of obtaining vacant possession of a property that they have let on an assured short-hold tenancy (AST).

Under the new proposed rules, private landlords will be unable to evict tenants from their homes at short notice without sufficient evidence and a good reason for doing so.

One in four families are currently renting their homes from private landlords, many have very short-term contracts and worry whether a Section 21 notice could come their way one day.

By ending Section 21 Evictions, many tenants will have their minds put at ease that they won’t be evicted without been given any reason why.

Landlords  will have mixed feelings. The loss of this procedure would mean every eviction could be contested and with the current delays in the court timetables eviction could become an expensive long drawn out procedure.  One advantage   is that landlords regaining vacant possession of their properties will be able to recover rent arrears and damages from Tenants who have caused significant damage to their property.

We realise the importance of the private rental sector for both landlords and tenants alike:

The new proposed rules to end Section 21 evictions should receive a cautious welcome.

This will give tenants less worry and the confidence to firmly plant their roots in their home.

Landlords will still be able to remove undesirable tenants and in a much more efficient and timely manner.

HOW CAN WE HELP YOU?

As specialists in all types of tenancy disputes, we can explain the issues surrounding section 21 and the new proposed rules in plain English and whether you are a tenant or a landlord experiencing difficulties, we can give you all the help and advice you need.

5 Things to Consider When Making a Court Claim

Saying “I’m going to sue you” is a very easy statement to make but the reality of actually suing  someone or a company is not quite so easy. A claim can be a long and expensive process without any guaranteed result.  However, if you genuinely believe a court claim is the only way to resolve a dispute, then there are a number of things that you should consider first. 

1. Do you have enough evidence?

It is important to ensure that you can provide as much evidence as possible to substantiate your claim.  This can include contracts, documents, photographs, receipts, witness evidence. This will not only support your claim, but the evidence can add more weight to your claim. 

1. Don’t wait too long to make a claim

If you feel you have enough evidence and you want to pursue a claim, then don’t leave it too long before you action this. This is because some matters, you only have a limited time to bring a claim to court.

1. Knowing what you want to achieve 

In some cases, such as debt claims, you know exactly why you are bringing the claim. However, if you simply want to be heard then a court claim will not be the best place for this. Also, knowing exactly what you want will help focus the mind when it comes to accepting or making any offers.

1. Know the likely costs and time involved in advance

Court proceedings can be a lengthy and costly pursuit. It is always worth considering whether it is worth spending the time and money involved before you make a claim. It is worth speaking to a solicitor about the likely costs involved in trying to bring a claim as solicitor fees, barrister fees and court fees can really add up and in civil proceedings, you may sometimes be ordered to pay your opponent’s costs. 

1. Do you have a valid claim? 

Whilst you may feel 100% correct about bringing a claim, it is always important to know the law.   Just because you feel you have a grievance doesn’t mean you have a cause of action.

If you still wish to make a claim, GoodyBurrett can help you.  Please contact our Litigation Team for more information.