Welsh landlord loses evictions court case over possession

Unlicensed landlords in the region have been handed a stark warning by the Court of Appeal – that they can’t evict their tenants without a licence A landmark court case about landlords’ rights to serve a section 8 notice in Wales could have consequences on others seeking possession orders across England. The Court of Appeal […] ©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - Welsh landlord loses evictions court case over possession | LandlordZONE.

Welsh landlord loses evictions  court case over possession

Unlicensed landlords in the region have been handed a stark warning by the Court of Appeal – that they can’t evict their tenants without a licence

A landmark court case about landlords’ rights to serve a section 8 notice in Wales could have consequences on others seeking possession orders across England.

The Court of Appeal has ruled that unlicensed landlords in Wales can’t serve section 8 or 21 notices and need a licensed agent or solicitor to do it for them – and that rent arrears wouldn’t constitute a legitimate reason for doing so.

Since November 2015, landlords in Wales have had to register and get a licence to carry out letting activities and property management work; unlicensed landlords can’t serve section 21 notices to terminate assured shorthold tenancies.

In the case of Jarvis v Evans, the tenants, Mr and Mrs Evans, were in significant arrears resulting in the landlord, Mr Jarvis, serving a Section 8 notice to start a possession claim, which was granted. However, a county court appeal overturned the order after the tenants argued the section 8 notice was invalid. Although Mr Jarvis had done the relevant training course, he’d registered and obtained a licence in the name of his company, but was named personally as the landlord in their tenancy agreement.

He had argued that the restrictions on terminating tenancies set out in the Act didn’t apply to Section 8 notices.

Sarah Cummins, senior associate solicitor at Anthony Gold, who represented the landlord, says the decision will have a big impact on landlords in Wales. She tells LandlordZONE: “While the decision has no direct impact on the service of section 8 notices in England, we have seen how restricting a landlord’s ability to regain possession has become a popular method of enforcing landlords’ legal obligations. The decision may be of interest to the Government as it moves towards abolishing section 21 and reforming the section 8 procedure in England.”

©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - Welsh landlord loses evictions court case over possession | LandlordZONE.

Source : Landlord Zone More   

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Stamp duty hand-out to give housing market a boost

Landlords might not feel like winners after the Chancellor’s mini-budget, but it could lead to them finding investment opportunities Chancellor Rishi Sunak is expected to introduce an immediate reduction in stamp duty in his mini-Budget on Wednesday, and although buyers of second home or buy-to-let properties might not get a similar incentive, mortgage advisors and property […] ©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - Stamp duty hand-out to give housing market a boost | LandlordZONE.

Stamp duty hand-out to give housing market a boost

Landlords might not feel like winners after the Chancellor’s mini-budget, but it could lead to them finding investment opportunities

Chancellor Rishi Sunak is expected to introduce an immediate reduction in stamp duty in his mini-Budget on Wednesday, and although buyers of second home or buy-to-let properties might not get a similar incentive, mortgage advisors and property experts reckon it could help get the housing market moving.

Currently home buyers don’t pay any stamp duty on the first £125,000 of homes, then 2% of the value of the home up to £250,000 and 5% on the next £675,000, while buyers of second homes and buy-to-let properties have to pay an extra 3%.

Mary-Anne Bowring, group managing director at Ringley, believes buy-to-let investors should be encouraged to return to the rental market to boost the supply of homes. “Eliminating additional stamp duty for buy-to-let investors would help stimulate the supply of rental homes while also driving wider activity in the housing market,” she says. “Landlords are a crucial source of development finance through off-plan sales and will help support getting Britain building again.”

Carl Shave, director of Just Mortgage Brokers, tells LandlordZONE that while buy-to-let investors may not directly benefit, it could be the stimulus that home movers need to upsize. “That in turn may then be of benefit to investors as homes that otherwise would not have come on the market are made available,” he says. “While the buy-to-let sector has undoubtedly been affected by the pandemic, landlords will likely continue to see property as a good long-term investment.”

However, Angus Stewart, chief executive at Property Master, is expecting a corresponding change for buy-to-let purchases if the cut goes ahead. But he tells LandlordZONE: “Given that there is already a 3% premium for buy-to-let purchases the impact would therefore be that much less and is unlikely to have a significant impact on the market. I do think the Government either need to announce any change now and implement it or rule it out.  Uncertainty such as this could lead to buyers holding back.”

©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - Stamp duty hand-out to give housing market a boost | LandlordZONE.

Source : Landlord Zone More   

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