Possession claims could quickly derail if letting agents and landlords don’t follow the new processes and rules that form part of the Renters’ Rights Act, according to Mike Carter, a litigation partner at law firm Bermans and advisor to both.
He warned that such failures could send possession cases back to square one in what he described as a high-risk game. “Unless they get their paperwork exactly right, it could feel like snakes and ladders – where missing a step or failing to meet the criteria will likely result in them having to start the process all over again.”
Complex burden of proof
He said the burden of proof under the new act was complex and must be followed to the letter. “The requirements of the Act increase complexity and create a heavier evidential burden on landlords. There will be greater scrutiny and longer notice periods when seeking possession.”
In addition to the abolition of no-fault evictions, new rules include that tenants must be at least three months in arrears before landlords can seek possession, rather than two, and that the notice period for tenants in arrears has doubled from two to four weeks.
Landlords who want to sell or move back into a property will have to give four months’ notice, must respect the first 12 months of a tenancy and can’t relet or market the property for a further 12 months after.
Sweeping changes
Carter said: “The new legislation will bring sweeping changes and fundamentally tip the balance further in favour of tenants, significantly reducing the limited flexibility that landlords have historically relied upon, and making it much more difficult for a landlord to regain possession without a clear and valid legal ground.”
He also warned of the pressure coming from a greater awareness amongst tenants of their rights under the new act. He said tenants are increasingly encouraged by housing charities and local authorities to remain in properties until the end of the legal process, further extending the timeline for possession.
“There is already a shortage of housing stock, and tenants will understandably want to stay put for as long as possible. That makes it even more important to get things right from the outset,” he added.
Carter said proper planning, reviewing processes and ensuring all documentation is fully compliant were essential for possession claims post-RRA. “Those who fail to plan and satisfy all the criteria simply won’t get possession and could find themselves sent back to square one. Understanding the reforms is essential to remain compliant, avoid costly delays and protect assets.”
