Letting agents warned: 'Ensure eviction notices are correctly served'

By Graham Norwood

Agents are being warned to ensure they serve eviction notices correctly as the ‘peak eviction’ summer period arrives.

Specialist tenant referencing service Rent4sure says particular attention should be paid to Section 8 and Section 21 notices, which are two of the most frequent and complicated.

A Section 8 notice can be served for a breach of an Assured Shorthold Tenancy agreement and is most commonly used to tackle rent arrears.

“A landlord or their agent should serve a Section 8 notice under grounds 8, 10 and 11 as soon as the tenant defaults on two months of rent arrears,” explains Luke Burton, Rent4sure’s sales and marketing director.

“This differs slightly when the rent is paid weekly, or quarterly and in some instances, you may have to wait for a further period before serving a Section 8 notice under the mandatory ground 8.”

He says that if rent is paid weekly or fortnightly, eight weeks’ rent must be due before a Section 8 notice can be served.

For quarterly rent payments, at least one quarter’s worth of rent must be at least three months in arrears.

“If the rent is paid yearly, at least three months’ rent must be three months in arrears” adds Burton.

A Section 21 notice, meanwhile, should only be served at the end of a fixed term or in line with an agreed break clause within the tenancy agreement. A Section 21 should be served giving the tenant two months’ notice.

“However, if the tenancy commenced prior to October 1 2015 and no new term has been entered into post that date, notice can be served at any time,” says Burton.

He explains that if the tenancy commenced after October 1 2015, agents are not permitted to serve a Section 21 notice until after the first four months of the tenancy have lapsed.


A new government Form 6A – which is only valid for six months from the date of issue - must be used for all tenancies commencing after this date including any renewals.

Rent4sure says it is good practice to serve these notices towards the end of the term to ensure that if possession proceedings become necessary, the notice is still valid.

In the instance that a tenancy began before October 2015 but a renewal has been granted since that date, the Form 6A must still be used.

The rule which states Section 21 notices cannot be served for the first four months of the tenancy only applies from the date of the first agreement.

“However, these will also only be valid for a period of six months from the date they are issued on the tenant,” explains Burton.

“Therefore, it would be good practice to diarise to serve these a few months before the end of the term to ensure the notice remains valid if the tenant fails to vacate and proceedings do become necessary.”

https://www.lettingagenttoday.co.uk/breaking-news/2017/5/agents-told-ensure-eviction-notices-are-correctly-served

Letting agents and landlords could be operating illegally after law change

By Conor Shilling

Agents and landlords with properties in Wales have been reminded they could be breaking the law if they're not signed up to the Rent Smart Wales scheme.

Enforcement powers for the licensing scheme - which was introduced in 2016 - are now active, meaning non-compliant agents and landlords could be prosecuted.

Those operating in the Welsh private rented sector are required to register with the Rent Smart Wales scheme. On top of this, self-managing landlords and agents are required to obtain a licence, complete a training course and pass a 'fit and proper' persons test.

Sanctions for non-compliance include prosecution, fixed penalty notices, rent repayment orders and the inability to serve a valid Section 21 eviction notice.

The licensing scheme has now added a searchable register to its website, and is encouraging tenants and the wider public to check whether landlords and agents are registered.


Registration can be completed online and a Rent Smart Wales licence and registration lasts for five years.

“I would urge any landlords or agents with properties in Wales and who have not yet registered or become licensed, to contact us immediately to avoid legal action," says Bethan Jones, operational manager of Rent Smart Wales.

"We are still keen to assist those who willingly want to comply."

She says that she is still of the firm belief that the licensing scheme will improve the PRS for agents, landlords and tenants.

The scheme has not been without its controversy and it was estimated in November that only around 65% of landlords and agents working in Wales had met the deadline for licence registrations.

https://www.lettingagenttoday.co.uk/breaking-news/2017/5/letting-agents-and-landlords-could-be-operating-illegally-after-law-change

Councils want 'tiny' flats banned and jail for rogue landlords

By Graham Norwood

A body representing 370 councils in England and Wales wants the government to close a legal loophole which allows the conversion of houses into multiple tiny ‘units’ which are then let as self-contained flats.

The tactic is reported to have been used by some landlords to secure the maximum level of housing benefit payments which are paid on behalf of tenants direct to landlords.

The Local Government Association claims the loophole abuses legal exemptions and the lack of clarity in environmental health, planning and housing benefit rules to avoid detection, and is resulting in widespread abuse of taxpayers’ money as well as housing tenants in poor and often dangerous accommodation.


The LGA is also calling for more prison sentences for the worst landlords, rather than imposing fines. It says some fines can be as low as £1,000 for serious safety offences and claims these are often offset by profits at the expense of exploited and vulnerable tenants whose lives may be at risk.

The association says private landlords pocketed £9.3 billion in Housing Benefit in 2015, twice that of £4.6 billion in 2006. The micro sub-division of properties - called the Lockdown model - is thought to have contributed to this sharp rise and the loophole which first started in London is now spreading across the country.

Landlords can convert homes into a maximum of six small self-contained studios with en-suite showers and portable cooking equipment, without planning permission, but the LGA says electricity supplied to the different properties is often run on stolen meters or hotwired supplies, creating fire hazards.

Under recently-introduced legislation, councils can issue the worst landlords with fixed penalty notices of up to £30,000 for offences including failure to comply with improvement and overcrowding notices. Councils can also apply banning orders when new government regulations come into force later this year.

But the LGA says the micro-conversion loophole being exploited by rogue landlords is undermining these new powers, and states that councils need streamlined housing and planning powers to stop landlords converting properties into “micro flats” without planning permission to protect tenants.


https://www.lettingagenttoday.co.uk/breaking-news/2017/4/councils-want-tiny-flats-banned-and-jail-for-rogue-landlords