Landlord Evictions what has changed?

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  • Landlord Evictions what has changed?
The Government have made changes to the process in which we have to follow when serving the tenants with the relevant/correct notices.
If you have had a renewal coming up through Harringtons Lettings we will always contact you well in advance. Recently we have had to do this four months ahead. This is because the Government decided in March of this year to extend the notice periods for end of contract tenancies to three months.

What are the new rules?

Notice periods for Section 21s.

There are various section 21 Notices i.e. where a notice is for the end of the tenancy and these are as follows: –
1. A notice period for the end of the tenancy was extended in March of this year to three months. This means that you must serve a notice three months before the end of the tenancy itself. This would mean that the tenancy ends at the end of the three months.
2. From the 29th August of this year it has now been extended to six months’ notice. If your tenant has a contract and it finishes in the next six months’ it would then go on to a periodic statutory tenancy i.e. month to month contract. In that instance you still must serve six months’ notice before the tenant can move out. This is going to cause a huge amount of issues for most landlords.
Meaning you will have to decide a good six to seven months in advance. The idea from the Government is that it enables tenants to have security of tenure in their property for at least six months.
This is not an easy decision for landlord’s, it is something that you would have to consider well in advance. If you need advice, please do not hesitate to contact us.
The exemptions are:-

1. Anti-social behaviour.

If the tenant causes anti-social behaviour to such an extent that you wish to give notice then you can do so, upon four weeks. You would need to provide evidence of this usually from a local authority. They have noise abatement departments that can deal with these types of issues. But, you would need their backing to take the matter to court.

2. Domestic violence.

If the tenant is causing domestic violence and you wish to remove him from the property then you can give them two weeks’ notice. But we will comment on later the situation re the actual court order and this is only the notice.

3. Obtaining a tenancy through fraud.

You are entitled to give two weeks’ notice for this tenancy, this enables you to be able to apply to the court for a possession order.

4. Immigration status checks.

You would have to give three months’ notice. But, we deal with all these for you if you are a Harringtons Landlord. They are normal right to rent checks and we must ensure that the person we are renting to is the same person we received the information from. Additionally, that they have the right to rent in the United Kingdom. This is part of our normal process. If you have other properties not with Harringtons and have not done this then it could be a problem. It is something that you need to consider whenever you are renting a property out.

5. Rent arrears of over six months.

If there are rent arrears over six months then you are entitled to serve a notice. We have not had problems with arrears throughout the Covid situation with tenants. We have always communicated with them to ensure that the rent has been paid. Yet, if you have other properties and do have arrears then please do not hesitate to contact us. We always take guarantors when it comes to tenants as a requirement within Harringtons as we are fully aware of problems that can occur.

1. What happens if my tenant doesn’t leave the property would I need a court order?

If the tenant does not leave the property then you would need to have a court order. This is problematic.
The courts are inundated with applications and all these were suspended in March, the court only opened again on the 24th August. They have an enormous amount of a backlog. We speak to our solicitors on a monthly basis to discuss any position. We do not have these type of problems at this moment in time. Contact us for any free advice you may wish.
There is a likelihood that it can take at least up to a year to get a court order for any particular tenant within a property. It is important that you understand that court proceedings can take a large amount of time. The Government has put extra resources into speeding these cases along but they could take a large amount of time to get through them.
There are also new rules about taking anybody to court. Such as vulnerability etc and we would always suggest that you take immediate legal advice. We have solicitors that could help you and please do not hesitate to request this from us.

2. Will the rules change again in the future?

We would expect that the rules will change on a regular basis over the next few months. The Government are responding to the Covid-19 situation almost daily and we have no doubt that they could change the rules at any point. At this moment in time the six months’ notice has been extended until March 2021 but it could be extended again or even changed at any point.

3. I have a property elsewhere in the country that Harringtons don’t deal with can you take this over.

Yes we can take the property over for you especially if you are having problems.
We have provisions to be able to take properties anywhere in the Country from now on and please don’t hesitate to discuss it with us. We are always looking to expand our portfolio and to help landlords especially with issues they may be having.

4. If my property goes on to a month to month basis are there certain requirements I must do?

In view of the new laws that have come into place about the notices it is important that your legal paperwork is correct. We often find where landlords do all their own legal paperwork themselves that this is incorrect and leads to problems. If for instance, you have a tenant that is in arrears and you apply to the court for a court order and the paperwork is not correct the court will not give you a possession order. You will need you to correct this and the delay could be very costly.
Where a tenant goes on to a month to month basis we have to re-serve all the paperwork again explaining that they are now on a month to month contract. This then has to be acknowledged by the tenant by way of an email so that you have a record of it. We have a special system at Harringtons that allows us to do this to ensure that it has been done correctly.

5. Are there any other rules that I need to adhere to on my paperwork?

There are a huge amount. In the last five years there has been 127 new laws when it comes to letting properties out. The main ones are as follows:-
Energy performance certificates
These have to be carried out every 10 years and we often find that landlords either don’t have them or that they have expired. They must have a least rating of E at this moment in time. If the works are not carried out then the property cannot be rented out in its current state.
If you wish to have more information regarding energy performances, please find attached a previous article we published – https://harringtonslettings.co.uk/energy-performance-certificate-epc-what-are-the-regulations-2/

Electrical Installation Certificate and PAT tests

These came into force in July of this year compulsory with tenants where they are signing new tenancies and/renewals . Any renewal after April 2021 also has to have the work carried out.
These are Electrical Installation Certificate reports showing that the electrics at the property are safe. Portable appliance tests are where you have fridge freezers, washing machines, etc. that are not built in and you can ensure that they are safe. This is particularly important as the Grenfell fire came from a fridge. For a more in depth understanding on this please refer to our previous article relating to mandatory electric safety reports – https://harringtonslettings.co.uk/mandatory-electrical-safety-reports-and-pat-testing/

Gas safeties

These need to be carried out once a year. But many landlords don’t understand that you then have to serve them on the tenants within 30 days and have them acknowledged by the tenant. If you do not there is a high likelihood that you won’t be able to serve any form of notice.

Deposit protected accounts

This is the main area that we find that landlords don’t understand. There are often landlords that have the deposits protected but then don’t understand that you have to serve the documentation on the tenant. This is to include the terms and conditions of that particular scheme on the tenants and then have them acknowledge it by way of an email. If they do not acknowledge it you have to show that it has been served on them by taking a picture of it being put in either their hand or through their door. It is so important that these are acknowledged. These are all type of documents that are often not completed correctly by landlords.
If you wish to have advice on any of the above then please do not hesitate to contact us.

Summary

The Government have placed emphasis on landlords to now decide what they wish to do with properties many months in advance. The emphasis is now on landlords rather than tenants to know what they wish to do in advance. You need to plan carefully especially if you are thinking of selling the property. You might want to check when your contract is due for renewal and if you wish to serve notice. Please be aware that tenants are still entitled to serve one months’ notice at the end of their tenancy i.e. the last month itself. We often have requests from landlords to insert break clauses in tenancies but these are unenforceable. A fixed term tenancy is for a fixed period. If the property goes on to a month to month basis then the tenants can also only have to give one months’ notice to leave the property.
We will be contacting landlords over the next few weeks to discuss their renewal. If you do wish to contact us for any free advice then please don’t hesitate to do so.
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google-review Review
Cat Westmacott
Cat Westmacott
17:57 10 Jun 24
Generally helpful for Lettings. As with any company, sometimes need a push for a response, but often easier to speak on the phone than email. Feeling hopeful for the next year’s contract with Harringtons🤞.
Kirsty Turner
Kirsty Turner
20:50 04 Jun 24
Great experience. Everyone is so lovely and helpful over the phone at Harringtons! The best experience we have had with a letting agent in Brighton, none of the other agents in Brighton have been bothered to keep in touch and help us find a property as much as these guys. A special shoutout to the lovely lady who showed me around the flat (Georgie I believe -sorry if I got that wrong), great at answering all my questions and been very lucky in securing the first property we viewed with her (an amazing spacious flat that has everything we need - including nice storage space for our paddleboards!) Looking forward to moving into our seaside home. Thank you!
Shadan B
Shadan B
23:31 30 May 24
Great experience, very helpful staff and friendly. I wish you all the success. Thanks for your care. 💐😊
Rachel Roberts
Rachel Roberts
21:13 30 May 24
Best experience I've had with a letting agent!
Charley Besant
Charley Besant
10:25 30 May 24
So far the process with Harringtons has been amazing. We viewed 3 properties with Georgie and each time she was so informative and kind, she gave us the time we needed in each property to look around, take videos and ask questions about everything. The whole process has been easy so far and I can now happily say we found our property thanks to Georgie and the team at Harringtons.
Ainhoa Negro
Ainhoa Negro
09:15 30 May 24
Georgie at Harringtons Lettings in Brighton has been exceptional throughout my rental process. From the very beginning, her professionalism and friendliness stood out. She provided clear and prompt communication, ensuring all my questions were answered thoroughly. Georgie made the entire experience seamless, from viewing properties to finalizing the paperwork. Her attention to detail and genuine care for my needs made me feel confident and supported. I highly recommend Georgie and Harringtons Lettings to anyone looking for a top-notch rental experience in Brighton.
PRBL1
PRBL1
09:11 30 May 24
Joel Starcross
Joel Starcross
15:22 29 May 24
Beth has been an excellent agent, great communicator and enthusiastic member of the team. Highly recommended!
Jess Pond
Jess Pond
13:16 29 May 24
Had an absolutely awful experience with this company. Told me one thing on the phone and then told me another thing on email. Very mixed messages. Left 7 students homeless by putting the house back on the market with only 24 hour notice. Will never use them again. AVOID!
Roisin Lilley
Roisin Lilley
11:42 24 May 24
I recently had some problems with my previous agent and came to Beth for help! She took over the correspondence for me and sorted everything out for me! I can’t thank her enough for her patience and help!! I’d highly recommend her to other landlords that need help!
Chris Lilley
Chris Lilley
11:26 24 May 24
I’ve been a tenant with Harringtons Lettings for a while, they are great, they always sort out any issues I have quickly and efficiently, Beth in particular is really helpful and I’ll be going to her for my next rental property when I look to move in September!
Georgina Palzeaird
Georgina Palzeaird
11:21 24 May 24
Beth Roberts was a huge help when I needed to switch to a new letting agency. She was friendly and efficient and I’ve always felt I’m in safe hands.
Eliya Halim
Eliya Halim
10:26 24 May 24
Top service
Maryana Atiya
Maryana Atiya
10:20 24 May 24
Rees Harper
Rees Harper
17:53 21 May 24
Lauryn Keller
Lauryn Keller
15:20 03 May 24
Georgie was great on our viewing - super lovely, informative and honest. Thank you!
Sammi Richmond
Sammi Richmond
09:16 24 Apr 24
Well, they just contacted me via email asking for a review for money... so here, I guess.Does 3 stars get me that tenner? Probably not. Nothing terrible to say, but never had any issues with the property really. Don't enjoy that they were willing to pay for reviews though, seems sketchy.UPDATE: As the business has finally replied to my review 6 years later, I thought I would mention that I indeed have the email still as proof. Offer of £10 for a review, and to mention Rachel Erridge in the review. Also a prize of £200 to one lucky winner. The email was sent from the Harrington's admin email address. I can email the proof to whoever requests it.
Jayden Charles-Frempong
Jayden Charles-Frempong
01:20 18 Apr 24
Every interaction I've had so far with Harrington has been positive with workers responding to calls very quickly and addressing any queries efficiently.
severin severinov
severin severinov
10:05 11 Apr 24
It is very good that they do their job professionally and take care of the customers.
kate quick
kate quick
13:15 09 Apr 24
I am very happy and extremely grateful to have found Harringtons lettings and the beautiful flat that I am now living in. Not only is the flat perfect for me, ticks all the boxes and is in a great location; the whole communication/admin process was so fast and efficient. I spoke to many of the team, but the two main contacts initially were Georgie and Beth. Great personalities, friendly and fast at replying to emails and phone calls. It was all turned around very quickly and everyone at Harringtons seems to appear to really be happy in their jobs. Great letting agent and I would recommend them to others looking for a new home.
Michael Hollamby
Michael Hollamby
12:32 09 Apr 24
Having worked with many many lettings it has been refreshing to deal with such a dynamic and energetic team. From start to finish the team have outstanding. Special mention to Beth who has been fantastic. I can thoroughly recommend using Harringtons.
Celyn James
Celyn James
17:08 27 Mar 24
Great experience, Georgie was so knowledgeable and kind with any enquiries I had. Really put me at ease while house hunting, amazing service thank you so much!!
Madison Harris
Madison Harris
14:29 27 Mar 24
Georgie was so helpful and really kind very appreciative x
Amber-Rose Cook
Amber-Rose Cook
08:58 22 Mar 24
easy to use and navigate as a first time user
Buffy Vaughn
Buffy Vaughn
18:06 21 Mar 24
Harringtons have been so helpful so far. Everyone we’ve spoken to on the phone including Georgie have been so warm and receptive and easy to communicate with. As a couple renting together for first time me & Danny couldn’t have found better people to help us out, they’re clear and concise. We discovered them through Rightmove and would highly recommend anyone to use their services to rent with.Thanks guys!Buffy & Danny
Sajan Raja
Sajan Raja
01:48 21 Mar 24
Kerryn Johnson
Kerryn Johnson
16:58 18 Mar 24
Georgie was absolutely amazing! Very helpful, easy to talk to and all in all an absolute sweetheart. Made the process of renting and finding a property less stressful. Always happy to help and lovely to chat to!Thank you again for everything!
Julia Reinstein
Julia Reinstein
11:22 18 Mar 24
5/5 - Everyone I’ve spoken to on the phone has been so friendly and patient with our move in documents. We found Harringtons through Rightmove, and have been really happy with our interactions. The team respond to queries efficiently and are happy to answer any and all questions.
Andrew Brown
Andrew Brown
07:09 15 Mar 24
A really excellent agency, who are very easy and friendly to deal with. Highly recommended.
Rob Rainbird
Rob Rainbird
18:04 13 Mar 24
Lovely staff and all round positive experience - Georgie is an absolute diamond and a credit to the team!
Tori Tor
Tori Tor
11:15 08 Mar 24
Harringtons have been really helpful and very swift with their responses. Georgie was very proffesional and really friendly when she did the viewings with me and Beth on the phone was again really helpful and gave me hope when I was explaining my eagerness to find somewhere new to live. Thanks Harringtons!
christos papanicolaou
christos papanicolaou
09:33 07 Mar 24
Staff were brilliant. Very helpful
Yasmin Bright
Yasmin Bright
20:54 01 Mar 24
I'm in a difficult situation at the moment with my landlord wanting to sell the flat that myself and my 3 children have been living in for 7 years. I came across Harringtons Viewings by applying to view some properties outside of my area.Unfortunately I haven't been able to sort anything with Harringtons, however I wanted to write this to say that they have been nothing but kind, warm and very understanding of my situation. I've been really impressed by their customer service (namely Georgie & Beth) and hope that they are able to find me something eventually!Thanks so much.Yasmin
Tegan
Tegan
17:30 22 Feb 24
Have been very accommodating and helpful when calling agents. They have been very helpful in being able to secure a house for students.
TheFlyingCrocodile
TheFlyingCrocodile
16:42 21 Feb 24
Went above and beyond to get things sorted for me
Brittany Stace
Brittany Stace
11:18 24 Jan 24
Harringtons have been incredibly helpful and supportive of us as new renters and they have been super efficient in getting all of the documents sent through and signed in such a short period of time. Thank you!
Georgie Prebble
Georgie Prebble
20:36 05 Jan 24
Jade Innes
Jade Innes
10:24 04 Jan 24
So far the service has been good. The staff are very friendly and quick to respond to any questions and requests.
Polly Smith
Polly Smith
11:17 28 Dec 23
we chose this letting agents as they chose a good bills company that is much cheaper than other agents. When viewing houses the staff were very friendly and have been very helpful in answering our questions and making the process as easy as possible.
Emma Howe
Emma Howe
16:06 14 Nov 23
I would rate Harringtons Lettings a 5/5. Very lovely on the phone and very quick and easy to communicate with via email. Any problems have been resolved in no time at all. So far so good!I found Harringtons via Rightmove.
Akwisitions Feedback
Akwisitions Feedback
16:25 30 Oct 23
Very responsive and super helpful throughout the process. Highly recommended!
Chloe Ballard
Chloe Ballard
17:28 02 Oct 23
Although I have only been renting with Harringtons for a short period of time, I have had nothing but a positive experience. From viewing to admin updates. The admin team especially are very polite and quick to respond and I have no doubt that the rest of my tenancy will run smoothly. I would recommend to anyone considering renting in brighton.
Matthew Ball
Matthew Ball
11:46 19 Sep 23
Professional communication with tenant although entirely impersonal. There was a bigger disconnect in their communication with the landlord in most cases, which seemed to be either slow or non-existent (discovered after contacting the landlord directly).Property was full of spider webs on day 1 despite apparently being professionally cleaned. Took a day off of work to clean it on move out day, leaving it cleaner than when it received but still had to pay part of the deposit for professional cleaning.It has been a while since I have rented, but I'll avoid letting agencies completely now if this is anything close to the average renting experience.
Ronan SK
Ronan SK
12:38 12 Sep 23
Great professionalism/communciation from the start up until the end of my tenancy. Definitely set the standards for what agencies should be like. Highly recommend to those within Brighton.
Daniel Sutton
Daniel Sutton
10:29 24 Aug 23
I have rented with Harringtons Lettings before and have always found the agents to be quick, efficient, friendly and helpful. I loved their service so much I have chosen to rent with Harringtons again. Faultless 😊
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