Khalil: How the Housing and Planning Act 2016 can catch landlords in its net
With so many laws being passed or proposed that contain legal changes affecting landlords, it can be really hard to keep yourself up to date.
But, it’s never been more important to do so. Ignorance of the laws that regulate the letting of property will not help your case in court, should you fall foul of the law.
In this essential update for landlords let’s look at the implications of the Housing and Planning Act 2016, which passed into law last year.
What is the Housing and Planning Act 2016?
The Act made widespread changes to housing policy in the UK, introducing a raft of measures to encourage increased levels of home ownership.
But, tucked up within this labyrinthine legislation were changes that rather more directly affect landlords.
There is a new abandonment procedure
This is good news for landlords: you no longer need to go through the courts to complete an abandonment procedure.
Unfortunately, however, the new process still takes just as much time as before. You must serve at least three formal notices at the property, with a gap of eight weeks between each.
• Sweeping measures were introduced to curb ‘rogue landlords’ – but these could catch you in their net
Measures introduced to tackle ‘rogue landlords’ included:
• Local Authorities can now apply for banning orders
This means that any landlord convicted of a ‘banning order offence’ can be prevented from letting property. Never before has it been more essential that you follow things like Houses of Mass Occupation (HMO) regulations to the letter.
• There is now a database of ‘rogue landlords’
And any landlord subject to a banning order, or convicted of a ‘banning order offence’, is listed on this.
• Rent repayment orders are now much more widespread
The situations in which a rent repayment order can be used against a landlord has widened considerably. In the past, these were only used if an HMO landlord did not have a license but they can now be used for:
• Any forced or violent entry onto properties
• Harassment or eviction that is contrary to the Protection from Eviction Act 1977
• Failure to comply with an improvement or prohibition order
• Any breach of a banning order
You really don’t want to have a rent repayment order made against you: it’s hugely expensive and costs considerably more than a fine.
What does this mean for landlords?
Although aimed squarely at dealing with ‘rogue landlords’ the legislation affects all of us.
It means that you need to ensure that you fully understand all the complex regulations governing the letting of HMO properties.
It is now easier than ever before to fall foul of the law – and the consequences for doing so are now more severe than ever before.
Is there an easier way to be a landlord?
Khalil’s Rent Guarantee Scheme is designed for landlords who want an easier way to guarantee themselves a return on their investment in property.
It’s simple. You lease your property to us and we worry about finding tenants, collecting rent, maintaining your property and keeping track of the law.
We pay you a guaranteed rent from the moment we take over your property, regardless of whether tenants are in it or not.
And, when our agreement ends with you, we return your property in the same condition that we received it.
Nothing could be simpler.
Phone: 01273 573960
Mobile: 07984 015669
Email: ahmed@khalilproperties.co.uk
Address: 124 Lewes Road, Brighton, BN2 3LG
www.khalilproperties.co.uk