LL Newsletter - March 2020

Landlords Newsletter
March 2020
Welcome to our Landlords Newsletter
With the ever changing laws surrounding lettings it is important to
keep your finger on the pulse to protect yourself and your tenants.
Stay in the know with the Symonds & Sampson newsletters.

No fault formal two months’ notice
(Section 21) to be abolished
At the state opening of Parliament in December of last year, the
Queen announced the Renters Reform Bill. This will abolish the use of
“no fault” evictions by landlords by removing the Section 21 Notice.
This will mean landlords will not be able
to have guaranteed possession of their
property unless the tenant is either causing
a nuisance, not paying the rent or is not
looking after their home. However, other
main elements of the Bill give landlords more
rights to gain possession if the tenants are in
breach of their agreement.
The alternative at present is the Section 8
notice where the notice is shorter than two
months but is very complex, costly and a
judge has too much discretion on the day in
court. This is the reason why legal advisers
prefer to use the Section 21 notice when
going to court because the judge has to grant
possession. Landlords are forced to wait for
months and more often than not, they go to
court for rent arrears so, by the time a date
is given, landlords can be at least 6 months
without rent.
Most of Symonds & Sampson’s long-term
landlords do not give their tenants notice
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preferring a tenant to stay long term
providing rent is paid and the property is
well cared for. A recent survey from the
regulatory body, ARLA Propertymark, proves
this is the norm throughout England.
• 57% of their members have issued less
than ten Section 21 notices in the past
two years.
• 39% of their members have not issued
Section 8 notices in the past two years.
• 48% of their members said the cost of
a single case at a hearing is between
£1000 and £5000.
Rachael James, Head of Lettings, comments
“If the Section 21 is scrapped, Section 8 will
need to be completely reformed. Landlords
must be able to gain possession easier, and
with less cost, one suggestion is a specialist
housing court. We welcome a reform to the
possession procedure but very much hope
the government listens to the advice of the
industry very carefully”.
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pm@symondsandsampson.co.uk
Electrical Safety Regulations to come into force
Formal legislation requiring electrical installation inspections and testing to
be carried out for all rental properties has been provisionally approved, and
will come into effect this year. Lucy Nolan shares the highlights.
The Government has laid out The Electrical
Safety Standards in the Private Rented Sector
(England) Regulations 2020, which specify
that every fixed electrical installation within
a rented property is inspected by a qualified
person prior to a tenancy commencing, and
thereafter at least every five years (or more
frequently where the report states).
The landlord must obtain a copy of the
report, which must be given to the tenant:
• Before they move into a tenancy
commencing on or after 1st July 2020
(or to any prospective tenant due to
start a tenancy on or after that date
within 28 days of a request).
• By 1st April 2021 in relation to an
existing tenancy.
Symonds & Sampson have considered it
compulsory for their landlords to ensure
safety and duty of care for their client’s
tenants for many years, and therefore sought
to provide an electrical safety inspection
as a matter of course. Clarification of
requirement in law is certainly very welcome.
Other details:
• Upon request, the report must be
provided to the local housing authority
within 7 days.
• The private landlord must supply a copy
of the current report to any new tenant
before occupation,
• The Regulations require local housing
authorities to enforce the rules and they
have the power to arrange remedial
action.
• Proven breaches of the Regulations
can result in the local housing authority
imposing a financial penalty of up to
£30,000.
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Septic Tanks,
Treatment Plants
and Cess Pits
The General Binding Rules (GBRS)
created by the Environmental Permitting
Regulations 2014 apply to properties
with a private drainage system. There
is an obligation on a landlord to ensure
that the system complies with these
regulations, and steps that must be
taken if not. Whilst we can outline
the requirements of the regulations,
our Surveying department on 01202
843190 can give further advice.
It is also essential that the operator
(the occupier) ensures the systems are
emptied and serviced regularly. Tenants
do have an obligation as the operator of
the system and we will be giving them
specific instructions on the matter prior
to the tenancy commencing.

A Day in the Life of
a Property Inspector
Adrienne Mathias has worked in our property
management department for two years, here is a
snapshot of her day!
8.30am: I usually pop into our busy property
management department in Poundbury.
It’s a great time of day to catch up with my
colleagues, before heading out to some of
the nearly 1,000 properties we fully manage
across Dorset, Devon, Somerset and
Wiltshire. I download the list of properties
and note any issues which need particular
attention.
9.30am: My first visit of the day is to a
Grade II Listed manor house. Some tree
work has recently been undertaken within
the extensive grounds, so I put on my
wellies and take a look, photographing the
work for our records. It’s an old property,
so cracks are inevitable, however I always
photograph and document them to ensure
we are constantly monitoring for movement.
I notice a small water mark on the ceiling
of the top floor, which could indicate an
issue with the roof or guttering. I report
this to the allocated property manager who
instructs our local specialist contractor to
investigate.
11.00am: The second visit of the day is
a modern apartment in town. The tenant
has recently called in to say the property is
damp. It’s immediately evident however that
the ‘damp’ is in fact condensation caused
by poor ventilation. I diplomatically suggest
ways to manage and eliminate the issue with
the tenant.
12.30pm: I call into the Bridport office to
collect the keys for my afternoon visits, and
enjoy a catch up with my colleagues there,
before carrying out further inspections at
properties we manage in the area.
4.00pm: Once all the visits are complete, I
return to the office to compile the reports.
The reports are reviewed by the property
managers who address any maintenance
issues, before
being sent to
our landlords.
After a
productive
day at work,
and once the
horses and
dogs and other
family members
are done, it’s
time to relax!
For a rent assessment and landlord guidance, please call your local office:
Rachael James
Head of Lettings
01258 452670
Karen Mitchell
Lettings Manager
01935 382903
Lucy Nolan
Lettings Partner
01305 251154
Sam Brown
Lettings Manager
01308 459565
Trudi Gumbrell
Lettings Manager
01935 814488
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