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Breathing space for tenants


On the 4th May 2021 the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020  - which will be more commonly known as breathing space, came into effect.

This new piece of legislation includes debts accrued before or after 4th May 2021, enabling a person who is in debt to seek a temporary suspension of any action being taking against them.

It is paramount for landlords and professionals working in the property industry to have an understanding of this legislation, as the debts covered under the debt respite scheme include mortgage & rent arrears.



As a sale agent, I have recently been asked on many occasions by buyers, "Does the property have EWS1 (External Wall System) Cert?" and often, I find the answer to that question is a NO. This then creates a headache for the home seller and agent. However, when looking at the RICS guidance, most properties will not require one yet; the issue is coming from the lenders themselves who have strict criteria's different from the guidance set out by RICS. Let us look at the guidelines.

Due to the volume of new legislation that has been drafted by the government within the property sector over the past year or two, you could perhaps be forgiven for not being up to date on the various changes. However, one piece of legislation which could prove to be extremely costly for those unaware, is the fact that tenants can now take landlords to court to seek compensation for disrepairs. In addition to compensation being payable, If the claimant is successful landlords will also have to pay their legal costs, which could total to thousands of pounds. Regrettably, we our having our...

Yet another set of new legislation is under way targeted at raising the standards for rented accommodation. The Homes (Fit for Human Habitation) Act 2018 came into force on the 20th March 2019. It is designed to ensure that all rented accommodation is fit for human habitation, strengthening tenants’ means of redress against the minority of landlords who do not fulfil their obligations to keep their properties safe. Although there are no new obligations for landlords under the Homes (Fit for Human Habitation) Act 2018, it has been implemented to ensure landlords meet their existing obligations...

Landlords with properties in Hackney and Tower Hamlets will now have to hold a licence before they can let out their homes. These licences require landlords to keep their homes in good condition and ensure high standards of management, or risk enforcement from the Council. Do I need a licence? You will need to hold a licence if you own and let out a property housing 3 or more tenants that form more than 2 separate households. For example If you have you have a 2 bedroom apartment where occupied by a couple and their friend you will need a licence. This is known as an Additional Licence. There...

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