UK Property Just Changed FOREVER

Property Hub
13 Sept 202411:27

Summary

TLDRThe Labour government's proposed changes to the UK rental market include the abolition of no-fault evictions, making all tenancies indefinite with valid reasons required to end them. Landlords face a minimum one-year tenancy before reclaiming property and must provide four months' notice for rent arrears cases now requiring three months for eviction. Rent increases are to be capped at market rates, with tribunals resolving disputes. Landlords will also be prohibited from discriminating against tenants on benefits or with children. A new landlord database will be established, with fees and public access details pending. These reforms aim to balance tenant security with landlord rights but may initially increase rental difficulties and costs.

Takeaways

  • 🏠 The Labour government's new property market plans aim to create more stability for tenants but may increase challenges for landlords.
  • 🚫 The concept of 'no fault' evictions will be eliminated, meaning all tenancies will be indefinite and can only be ended with a valid reason.
  • πŸ•’ Landlords will have to wait at least a year from the start of a tenancy to reclaim their property for personal use or sale, with a four-month notice period required.
  • πŸ’° If tenants are not paying rent, landlords will need to go to court to prove non-payment, with 'serious rent arrears' now defined as three months instead of two.
  • πŸ“ˆ Rent increases will be regulated, with landlords required to justify any increase to a tribunal, aiming to prevent excessive rent hikes.
  • 🚫 Bidding wars on rent prices will be prohibited, landlords must advertise an asking rent and cannot accept bids higher than this.
  • πŸ‘¨β€πŸ‘©β€πŸ‘§β€πŸ‘¦ Landlords will no longer be allowed to discriminate against tenants based on benefits or having children, with such clauses in mortgage and insurance contracts becoming unenforceable.
  • πŸ“Š A new landlord database will be created, requiring all landlords and properties to be listed, with fees associated and potential public access to some information.
  • πŸ“† The proposed changes are expected to be implemented by summer 2025, with existing tenancies converting to the new system simultaneously.
  • πŸ“‰ While the reforms aim to reduce the need for court involvement in tenancy disputes, concerns remain about the current court system's capacity to handle the increased workload.

Q & A

  • What is the first major change announced by the Labour government regarding property market?

    -The first major change is the elimination of no-fault evictions. From now on, all tenancies will run indefinitely and can only be ended with a valid reason.

  • How long must a tenancy be running before a landlord can ask for the property back to sell or move in?

    -A tenancy must have been running for at least a year before a landlord can ask for the property back to sell or move in.

  • What is the new notice period required for a landlord to ask a tenant to leave after the first year of tenancy?

    -The new notice period is four months, up from the previous two months.

  • How does the new policy define 'serious rent arrears'?

    -The new policy defines 'serious rent arrears' as three months of unpaid rent, up from the previous definition of two months.

  • What is the second major change proposed by the Labour government in relation to the property market?

    -The second major change is regarding rent increases. Landlords will not be able to write rent increases into the contract at the start and can only increase it up to the market rent at the time.

  • What is the new rule for landlords and agents regarding asking rent for a property?

    -Landlords and agents will have to publish an asking rent for the property and will not be able to accept any bids above that asking rent.

  • What is the new policy regarding discrimination against people on benefits or who have children?

    -The new policy states that landlords will not be able to discriminate against people on benefits or who have children. Terms in mortgage and insurance contracts that restrict this will be made unenforceable.

  • What is the purpose of the new landlord database proposed by the Labour government?

    -The new landlord database will list all landlords and properties, and it will be required to have an entry in the database before a property can be marketed.

  • What is the estimated timeline for these changes to be implemented?

    -The process is expected to be completed by summer 2025, but some parts like the landlord database may take longer to set up.

  • How will the new policy affect accidental landlords who own only one property?

    -Accidental landlords may find it more difficult due to the requirement to give four months' notice to move back in or sell, and not being able to do so within the first year of a tenancy.

  • What does the speaker believe is the biggest issue with the new policy changes?

    -The speaker believes the biggest issue is the courts' ability to handle the increased workload, as the current system is already overwhelmed.

Outlines

00:00

🏠 Landlord Reactions to Labour's Property Market Plans

This paragraph discusses the apprehension among landlords following the Labour party's election, as they anticipate stricter regulations. The speaker, an experienced landlord and author, was invited to a national radio show to discuss Labour's significant property market reforms. The paragraph outlines five major changes, starting with the abolition of 'no fault' evictions and the shift to indefinite tenancies, which can only be ended with a valid reason. Landlords now face questions about property recovery for personal use or sale, requiring a minimum one-year tenancy before action can be taken, with a four-month notice period. Additionally, non-payment of rent now necessitates court intervention, with 'serious rent arrears' defined as three months, up from two, before eviction proceedings can begin. The speaker suggests that these measures are reasonable, considering the disruption caused to tenants.

05:01

πŸ“ˆ Rent Increase Regulations and Discrimination Ban

The second paragraph focuses on restrictions on rent increases, where landlords can only propose an increase once a year and must align with market rates. Tenants can challenge excessive increases through a tribunal. The paragraph also addresses the new rules against discrimination based on benefits or having children, making it illegal for landlords to refuse tenants on these grounds. Despite some landlords' objections, the law aims to ensure fair housing opportunities. The paragraph concludes with the introduction of a new landlord database, requiring all landlords and properties to be registered, with fees and public access to information yet to be determined.

10:02

πŸ“… Implementation and Impact of Rental Reforms

The final paragraph speculates on the timeline and implications of the proposed reforms. The process is expected to be completed by summer 2025, with some elements like the landlord database taking longer. The speaker anticipates an initial increase in rents due to the elimination of bidding wars and discusses the varying impacts on different stakeholders. Landlords will need to be more cautious and strategic in tenant selection, while tenants may find more security but face ongoing challenges in finding rentals. The speaker concludes that while the reforms are significant, they do not signal the end of property investing, but rather a need for greater diligence and compliance.

Mindmap

Keywords

πŸ’‘No fault evictions

No fault evictions refer to a landlord's ability to end a tenancy without needing to prove any wrongdoing by the tenant. In the context of the video, it is highlighted as a significant change where such evictions will no longer exist, and all tenancies will run indefinitely unless ended with a valid reason, impacting landlords' flexibility.

πŸ’‘Fixed term tenancy

A fixed term tenancy is an agreement for a set period, after which it can be renewed or ended. The script mentions the end of fixed term tenancies, meaning all tenancies will be indefinite, which can affect both landlords' and tenants' expectations and planning.

πŸ’‘Serious rent arrears

This term refers to a significant amount of unpaid rent, which is used as a criterion for eviction. The video explains that the definition is changing to require three months of unpaid rent, up from two, to qualify as 'serious', affecting the eviction process.

πŸ’‘Rent increases

The video discusses proposed changes to how rent increases are handled. Landlords will need to justify rent hikes based on market rates, and tenants can challenge these through a tribunal, which could delay the implementation of rent increases.

πŸ’‘Market rent

Market rent is the current average rent for similar properties in the same area. The script explains that landlords can only increase rent to what the market rent is at the time, ensuring that rent hikes are reasonable and not exploitative.

πŸ’‘Bidding wars

Bidding wars occur when multiple tenants compete to offer the highest rent. The video suggests that landlords will no longer be able to accept bids above the asking rent, potentially limiting rent increases and making the rental process more transparent.

πŸ’‘Discrimination

The video addresses the issue of landlords discriminating against potential tenants based on factors like receiving benefits or having children. New rules will make such discrimination illegal, promoting fairness in the rental market.

πŸ’‘Accidental landlords

Accidental landlords are individuals who unexpectedly find themselves owning rental properties, often due to life circumstances. The video suggests that new regulations may disproportionately affect this group, as they may have less flexibility and more difficulty adapting to changes in the rental landscape.

πŸ’‘Landlord database

A new requirement for landlords to register in a database is discussed. This database will list all landlords and properties, adding a layer of regulation and potentially increasing transparency for tenants and authorities.

πŸ’‘Ombudsman

Although not explicitly mentioned in the script, the mention of red tape suggests an increased role for third-party dispute resolution services like ombudsmen, who can help resolve disputes between landlords and tenants.

πŸ’‘Rental reforms

Rental reforms refer to the changes being proposed to the rental sector. The video provides an overview of these reforms, emphasizing their potential impact on both landlords and tenants, and how they aim to balance security and flexibility in the rental market.

Highlights

Labour government's property market plans announced, causing concern for landlords.

End of no-fault evictions and fixed-term tenancies, leading to indefinite tenancy agreements.

Landlords can reclaim property after one year, with a four-month notice period.

Eviction for non-payment of rent requires proof in court and a three-month arrears threshold.

The author suggests the new eviction process is reasonable but depends on court efficiency.

Rent increases will be capped at market rates, with disputes resolved by tribunals.

Bidding wars on rent are to be eliminated, with landlords required to stick to asking rent.

Landlords will no longer be able to discriminate against tenants on benefits or with children.

A new landlord database will be created, with listings for all landlords and properties.

The proposed changes are not expected to be a major overhaul but will introduce more red tape.

The timeline for these changes is summer 2025, but some aspects like the database will take longer.

Existing tenancies will convert to the new system simultaneously with new ones.

Landlords will need to be more selective with tenants due to longer eviction processes.

Tenants may find more security under the new system, but finding a rental could still be difficult.

The author does not believe rents will increase significantly due to the reforms.

Accidental landlords may be most affected, with less flexibility and more challenges.

The courts' efficiency is a critical issue that needs to be addressed for the reforms to work.

The author concludes that property investing is not dead, but caution and careful tenant selection are essential.

Transcripts

play00:00

landlords have been scared stiff ever

play00:02

since labor were elected because a labor

play00:04

government usually means harsher

play00:06

conditions for investors but now the

play00:08

guessing game is over because Labour

play00:10

just released their big plans for the

play00:12

property market and they announced some

play00:14

huge changes that could be the final

play00:16

straw for some landlords I was invited

play00:18

on to National radio to talk about this

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because I've literally written the book

play00:21

about being a landlord yet I also choose

play00:23

to rent so I have an unusual perspective

play00:26

on this which I'll share with you as we

play00:28

go through and for me there are five key

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changes so I'll explain what each of

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them is and what it'll likely mean for

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landlords and tenants alike but before

play00:36

we can do that we need to understand how

play00:37

on Earth we ended up here so reform of

play00:40

the rental sector has been on the cards

play00:42

since 2019 when it was a Manifesto

play00:44

commitment for the conservative

play00:46

government at the time took a while but

play00:48

the conservatives eventually brought

play00:49

forward a bill that promised widespread

play00:51

changes to the rental market but there

play00:53

was so much Furious arguing about it

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that in the end they ran out of time

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before the general election and the bill

play00:59

failed now labor is in power they've

play01:01

come back with their own version which

play01:03

you'd expect to be more landlord

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unfriendly but is it the first big

play01:07

change of course is to no fault

play01:09

evictions this is the big headline

play01:11

Grabber from now on there is no such

play01:13

thing as a no fault eviction there's

play01:15

also no such thing as a fixed term tency

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from the time this comes into effect all

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tenancies will run on indefinitely and

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can only be ended with a valid reason so

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from a landlord point of view this

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raises two big questions the first is

play01:28

can I still get my property back back to

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move into or to sell and the answer to

play01:32

that is yes but you can't do that within

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the first year of ATT tenancy ATT

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tendency must have been running for at

play01:38

least a year before you can ask for the

play01:40

property back in order to sell or move

play01:42

in and at the point that you do do that

play01:44

you need to give four months notice

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which is up from two at the moment the

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second big question of course is well

play01:50

what have I've got a tenant who's not

play01:52

paying their rent well once there's no

play01:54

no fault option you're going to have to

play01:55

go to court and prove that they haven't

play01:57

paid their rent and the only way to be

play01:59

sure that the judge will tell the tenant

play02:01

they have to leave is if they are in

play02:02

what's called serious rent arear the

play02:04

definition for serious is going to be 3

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months of AAR up from what's currently

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two and once they have those three

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months of AAR you need to give them four

play02:12

weeks notice to leave up from what's

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previously been two now I'm going to be

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extremely unpopular with landlords for

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saying this but I don't think it's

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unreasonable that you're not going to be

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able to give notice because you want to

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sell the property within the first year

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and I don't think it's unreasonable to

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give 4 months notice I know this

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potentially hits accidental landlords

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harder but when choose to invest in

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property which is someone's home rather

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than investing in something else I think

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it's fair enough that there are some

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kind of restrictions to balance the fact

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that yes it's your property against the

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disruption of someone having to leave

play02:41

when it's not their fault what about if

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you've got a tenant who isn't paying

play02:44

well this one I think would be

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reasonable if and this is a giant if the

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courts actually worked properly if it

play02:50

was a simple matter of showing that the

play02:52

tenant hadn't paid their rent and then

play02:53

straight away they're told to leave and

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that's the end of it no problem you

play02:56

don't really need the whole no fault

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thing the problem is if you've got a

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tenant who isn't paying you now need to

play03:00

wait longer before you can start the

play03:02

process and then the process itself

play03:03

could go on forever especially cuz the

play03:05

courts are going to be so much busier in

play03:07

the future I have more to say about that

play03:09

later on but we've got a lot more to get

play03:11

through before we move on to our second

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big change though this is not law yet

play03:15

lots could change as it gets through the

play03:16

process so sign up to our free Weekly

play03:18

Newsletter property pulse to be updated

play03:20

on everything as it happens a link to

play03:22

that is in the description below the

play03:24

second big change is around rent

play03:25

increases under these plans you won't be

play03:27

able to write rent increases into the

play03:29

contract at the start instead a maximum

play03:31

of once a year you can tell the tenant

play03:33

that you plan on increasing the rent and

play03:35

you can only increase it up to whatever

play03:37

the market rent is at the time if the

play03:38

tenant disagrees with this and they

play03:40

think you're increasing it to above the

play03:42

market rate they can refer it to a

play03:43

tribunal who will then be able to look

play03:45

at it and either approve your rent

play03:47

increase or say no actually you can only

play03:49

increase it by this much now importantly

play03:52

this is not the same as rent controls

play03:54

not at all they're not setting a maximum

play03:56

that rents can go up by they just want

play03:57

to make sure that you're not trying to

play03:59

put through a crazy increase as a way of

play04:01

forcing someone out I don't think this

play04:02

is the biggest deal because in reality

play04:05

no one increases the rent more than once

play04:06

a year anyway and nobody really tries to

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charge more than the market rent the

play04:10

only potential issue is that tenants can

play04:12

effectively delay the impact of a rent

play04:14

increase by referring it to the tribunal

play04:16

even if they agree with it because the

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rent increase only becomes binding once

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the tribunal has made their decision now

play04:21

that should happen relatively quickly

play04:23

but how are they going to be resourced

play04:25

to deal with this when everyone starts

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doing it all at the same time I don't

play04:27

know we're going to have to see the next

play04:29

big change is bidding wars this is a

play04:31

really interesting one so the change is

play04:33

that landlords and agents will have to

play04:34

publish a asking rent for the property

play04:37

and they then won't be able to accept

play04:39

any bids above that asking rent now in

play04:42

my experience even in a hot Market you

play04:44

don't tend to get that many situations

play04:46

where people keep bidding the rent up

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and up and up I'm sure it does happen

play04:50

but it's not normal so I don't think C

play04:52

is going to make that much of a

play04:53

difference in really hot markets I

play04:55

suppose what will happen is that the

play04:57

asking rent will suddenly adjust upwards

play04:59

and then what you've effectively got is

play05:01

an offers up to system next up is

play05:03

another change that's grabbed a lot of

play05:04

headlines which is about discrimination

play05:06

landlords won't be able to discriminate

play05:08

against people on benefits or who have

play05:11

children now some landlords have got

play05:12

mortgages or Insurance in place that

play05:14

says they can't rent to people on

play05:16

benefits for example but those terms in

play05:18

mortgage and insurance contracts will be

play05:19

made unenforceable by the same law some

play05:21

landlords have taken this is but it's my

play05:24

property you can't tell me I can't

play05:25

choose I should be able to decide who I

play05:27

rent to but that's not really what it is

play05:29

in reality you can still accept any

play05:32

offer you want you can decide that the

play05:33

offer from one applicant is more

play05:35

attractive than another what you can't

play05:37

do is say in your marketing no children

play05:40

or no benefits and then in the letting

play05:42

process you can't prevent anyone from

play05:43

viewing the property or making an offer

play05:45

on it if they want to then the final

play05:47

change before we get onto the all

play05:48

important business of when this happens

play05:50

and what it will all mean is the new

play05:52

landlord database a new database is

play05:54

going to be created with a listing for

play05:56

all landlords and all properties and you

play05:58

won't be able to Market a property

play06:00

before it has an entry in that database

play06:02

will you have to pay to be on that

play06:03

database of course you will how much of

play06:04

that information will be public that

play06:06

still hasn't been decided it's not as

play06:08

scary as it sounds because for the most

play06:10

part it sounds like it's only going to

play06:11

be made available to local authorities

play06:13

for enforcement purposes but some

play06:15

information may be made available

play06:16

publicly for potential tenants to see so

play06:18

we're just going to have to wait and see

play06:19

so those are just the five things that

play06:21

caught my attention there's loads more

play06:23

in there it's a really big document

play06:24

we'll link to it below if you want to

play06:26

check it out in full but we'd be here

play06:27

all day if we went through the whole

play06:29

thing what you really want to know is

play06:30

when's this going to happen and what

play06:32

does it mean as for when like I said

play06:34

this is just the start it still needs to

play06:36

go through the House of Commons and the

play06:38

House of Lords and as it does it can be

play06:40

amended so we probably will see some

play06:43

changes with what's finally published

play06:45

but I don't think it's going to be major

play06:46

because this is Labor's Bill and they

play06:48

have a massive majority a date that's

play06:50

being kicked around for completing that

play06:52

process is summer 2025 but there are

play06:55

some parts of this like the landlord

play06:56

database that are going to take longer

play06:58

to set up so what I suspect will happen

play06:59

is that the big changes to section 21

play07:01

and tendencies will come in first maybe

play07:04

in the middle of 2025 with everything

play07:05

else to follow later what they have said

play07:07

is that existing Tendencies will convert

play07:09

at the same time as new ones so there's

play07:11

not going to be any staging of this all

play07:13

Tendencies where you've already got one

play07:15

or whether you create one in the future

play07:17

they all be operating under this system

play07:19

from the same day whenever it comes into

play07:21

effect so what ultimately will all this

play07:23

mean from a landlord perspective it

play07:26

means that choosing the right tenant was

play07:28

already important it's going to become

play07:29

Ultra important but if you've got

play07:31

someone who's causing trouble or not

play07:33

paying it's going to take a lot longer

play07:34

to get them out especially at first

play07:36

while all this is being set up from a

play07:38

tenant perspective it means that while

play07:39

you've got more security once you're in

play07:41

finding somewhere to rent it's still

play07:43

likely to be really hard none of this

play07:45

creates any more housing and the

play07:46

landlords of the properties that do

play07:48

exist are going to be very very cautious

play07:50

now whenever there's any kind of change

play07:52

to renting at all landlords always go oh

play07:54

it just means rents will go up normally

play07:56

I don't buy that I think on this

play07:57

occasion we probably will see a one-off

play08:00

upward adjustment in rents because of

play08:02

the whole fact that you can't have

play08:03

bidding wars anymore because it means

play08:05

that if you're very confident that

play08:06

you're going to have loads of interest

play08:08

you might as well go high with what

play08:09

you're asking for and then invite offers

play08:11

below it so who are the overall winners

play08:13

and losers here well of course tenants

play08:15

are winners pressure groups aren't going

play08:17

to be happy with everything but it's

play08:19

hard to say that this isn't better for

play08:21

tenants than it was before that was kind

play08:22

of the whole point for somewhat serious

play08:24

landlords who have a few properties

play08:26

they're in good areas they can be picky

play08:28

about who they take on I think it's

play08:29

pretty neutral there will be more red

play08:31

tape to contend with with the database

play08:33

and the Ombudsman which is something

play08:35

else that's in there but I think they

play08:36

should probably be relieved because it

play08:38

could have been so much worse there is

play08:39

nothing in there about rent controls and

play08:41

there's no kind of hardship test around

play08:43

evictions which is also something that

play08:44

was rumored in advance the big losers I

play08:47

think are accidental landlords people

play08:49

who only got one property and it's

play08:51

probably not one that they intended to

play08:52

rent out in the first place maybe they

play08:54

used to live there then they had to move

play08:56

and they couldn't sell it they'll

play08:57

complain about having to give 4 months

play08:58

notice to move back in or to sell which

play09:01

will limit their flexibility and to not

play09:03

be able to do that within the first year

play09:05

of ATT tenancy it is going to make

play09:06

things a lot harder for them but like I

play09:08

said earlier I do get it you do have to

play09:11

balance that against the fact that it's

play09:12

someone's home and if you sit back and

play09:15

forget everything that's gone before

play09:17

forget the system that we've had up

play09:18

until now and create this system from

play09:20

scratch with a court system that works

play09:22

properly it wouldn't seem that crazy but

play09:24

for me the courts are the real issue

play09:26

here if you had a legal route that was

play09:27

reliable that worked properly and work

play09:29

quickly you wouldn't need no fault

play09:31

eviction but the quick and easy no fault

play09:34

evictions that landlords are supposedly

play09:36

using on a whim to kick people out and

play09:38

doing away with that was the whole

play09:39

reason for all this in the first place

play09:41

even that process can take N9 months or

play09:43

more at the moment because the courts in

play09:45

the bayt system is so overwhelmed and

play09:47

once all this kicks in all at the same

play09:49

time surely their workload is going to

play09:51

spike dramatically this is such a clear

play09:53

problem that when the conservative

play09:55

version of this was going through a

play09:56

cross Party Committee looked into this

play09:58

and told the government that they should

play10:00

really sort the courts out first before

play10:02

pushing ahead with any of this but they

play10:03

ignored it and ultimately the labor

play10:05

version is now ignoring it too they say

play10:07

in their briefing notes that ultimately

play10:08

we expect our rental reforms to reduce

play10:10

Demand on the courts which there really

play10:12

are no words for and they talk about

play10:14

working towards all manner of

play10:15

improvements but who knows how long

play10:17

that's all going to take if it happens

play10:19

at all overall though is this the

play10:20

apocalypse I really don't think so I've

play10:22

been in the market for a long time and

play10:25

over the last decade in particular we've

play10:27

seen lots and lots of changes to the

play10:29

rental sector which people have got very

play10:31

worked up about at the time but once

play10:33

it's bedded in it just becomes normal

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and life goes on for me personally

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there's nothing in there that makes me

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want to sell any of my properties

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because I haven't used an eviction of

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any type for years I've got good

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properties and good areas I've chosen my

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tenants well and been lucky I'm sure as

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well and the tenancy has always just

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naturally ended on its own but there

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will be some landlords I'm sure

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including accidental landlords and

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including people who've been in it for a

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long time and are a bit sick of the

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whole thing anyway and see getting more

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difficult for whom this is the final

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straw so no matter how dramatic the

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headlines you see or the odd stories you

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hear this reform doesn't mean that

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property investing is dead but it does

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mean you need to be careful because if

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you get the wrong tenant or make a

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mistake with legal documents the

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consequences are going to be more severe

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than before so to keep yourself safe and

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keep your Investments profitable check

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out this video next where I run you

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through the things that you must know

play11:25

before renting a property in 2024

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Related Tags
Property MarketLandlord InsightsTenant RightsNo Fault EvictionsRent IncreasesBidding WarsDiscrimination BanLandlord DatabaseHousing ReformInvestment Impact