Month: September 2024

In shared accommodation, not all HMO anti-social behaviour (ASB) is severe enough to warrant legal action, but that doesn’t mean it can be ignored. In HMOs (Houses in Multiple Occupation), everyday nuisances such as failing to clean up, excessive noise, or having guests overstaying their welcome can create tension among housemates. These lower-level issues might not call for eviction, but they can result in complaints, stress, and even tenants moving out if not properly managed.

Preventing HMO Anti-Social Behaviour: Setting House Rules

The best way to manage minor anti-social behaviour in an HMO is through prevention. Establishing clear house rules from the start ensures everyone knows what’s expected of them, helping to avoid disputes. These rules should be clearly communicated, starting with your advertisements, emphasised during viewings, included in the tenancy agreement, discussed during the check-in process, and posted on a noticeboard in shared spaces. When housemates understand the boundaries from the beginning, there’s less room for misunderstandings later.

House rules should cover common issues such as:

• Cleaning up after yourself: Whether it’s washing dishes or tidying up communal areas, encourage housemates to be considerate
• Recycling and rubbish: Ensure everyone knows when it’s their turn to take out the bins. Poor waste management can lead to frustration and unclean living conditions
• Noise control: Set reasonable limits, especially after 10 p.m., to ensure everyone enjoys a peaceful environment
• Overnight guests: Define how often guests can stay to avoid unapproved housemates staying longer than allowed
• Respecting personal space: Discourage tenants from leaving belongings in communal areas, which can cause clutter, disputes and fire safety hazards

Investigating Complaints and Breaches

Despite clear house rules, breaches and complaints will inevitably arise. When they do, it’s crucial to handle them promptly and fairly. Start by investigating the issue to determine who is responsible. Speak to all housemates, either individually or as a group, to get a full picture. This approach not only helps resolve the issue but promotes transparency and trust among tenants.

If necessary, host a house meeting to allow everyone to voice their concerns. Open communication often resolves these issues before they escalate. Encourage tenants to talk openly and sort out minor problems before they grow into serious cases of HMO anti-social behaviour.

Managing Repeat Offenders

If a tenant continues to violate house rules despite warnings, you may need to take further action. Keep a detailed log of the breaches, and where possible, gather evidence such as photos or written complaints from other tenants. Documentation will be crucial if the situation progresses to formal warnings or eviction.

Start by issuing a written warning letter outlining the repeated breaches of the tenancy agreement or house rules. Have a face-to-face conversation to ensure the tenant understands the impact of their behaviour. Often, making the tenant aware of the consequences is enough to resolve the issue.

When to Serve Notice for HMO Anti-Social Behaviour

If the tenant’s behaviour continues to breach house rules without improvement, you may need to serve notice. Currently, many landlords use a Section 21 Notice, which allows possession without providing a reason. This makes it a straightforward option when dealing with repeated lower-level HMO anti-social behaviour. However, this process may change with the proposed Renters Reform Bill, which aims to abolish Section 21 and strengthen the grounds for eviction under Section 8.

As a landlord, this means you’ll need to rely more on proving breaches under Ground 12 (violating the tenancy agreement) or Ground 14 (causing a nuisance). The challenge with Section 8 is that the grounds are discretionary, meaning a judge will decide whether the tenant’s behaviour justifies eviction. Given these potential legal changes, documenting every breach is crucial, especially if tenant behaviour is impacting others.

Distinguishing Between Everyday Issues and Legal HMO Anti-Social Behaviour

It’s essential to distinguish between minor breaches of house rules and more serious cases of anti-social behaviour that could require legal intervention. Everyday issues like failing to clean up or having noisy guests might not meet the legal threshold for ASB under the Housing Act. These are lower-level problems that are usually resolved through communication, house meetings, and warnings.

However, some behaviours may escalate to the point where legal action becomes necessary. Serious HMO anti-social behaviour—such as harassment, vandalism, or drug use—could fall under Ground 7A of Section 8 for mandatory eviction. In these situations, gathering solid evidence and following the correct legal procedures is vital, though this should only be a last resort after attempting other solutions.

Encouraging a Harmonious Living Environment

Managing lower-level HMO anti-social behaviour doesn’t need to be a hostile process. By encouraging open communication, setting clear expectations, and addressing complaints quickly, you can foster a harmonious living environment. Here are some tips to help:

• Host Regular House Meetings: Give tenants an opportunity to discuss any issues openly. These meetings can prevent minor disputes from becoming serious problems.
• Make House Rules Visible: Keep a copy of the house rules posted in communal areas to remind everyone of their responsibilities.
• Promote Respect: Encourage tenants to treat each other with kindness and consideration, which can go a long way in creating a peaceful home.

The Role of a Specialist HMO Letting Agent

Handling the day-to-day management of HMO anti-social behaviour can be overwhelming, especially when tenants are non-cooperative or the issues persist. This is where a specialist HMO letting agent like Confidence Property can make all the difference. With extensive experience in dealing with both lower-level and more serious tenant disputes, we take care of these problems for you, ensuring your tenants follow the house rules and any complaints are handled quickly.

By partnering with Confidence Property, you’ll have peace of mind knowing your HMO is in safe hands. We manage the entire process—from setting and enforcing house rules to dealing with breaches and serving notices if necessary. With upcoming changes to legislation affecting landlords, now is the time to trust experienced professionals to help keep your property running smoothly.

The Renters’ Rights Bill, which had its first reading in the House of Commons in September 2024, introduces significant changes to the UK’s private rented sector. For landlords, especially those managing HMOs in Manchester, understanding these updates is essential. The Bill, driven by Labour’s faster and more extensive reform agenda, includes critical measures that differ from previous Conservative proposals. This article breaks down the key changes and what they mean for landlords.

Key New Changes in Labour’s Renters’ Rights Bill

1. Immediate abolition of Section 21 for both new and existing tenancies
2. Arrears threshold increase from 2 to 3 months
3. Expansion of Awaab’s Law to the private rented sector
4. Ban on bidding wars
5. Further restrictions on rent increases

1. Immediate Abolition of Section 21 Evictions

One of the most notable changes in the Renters’ Rights Bill is the immediate abolition of Section 21, which allows landlords to evict tenants without providing a reason. Under the new law, landlords will need a legal reason, such as selling the property or tenant misconduct, to end a tenancy. This contrasts with the Conservative plan, which aimed to abolish Section 21 only after court reforms.

For HMO landlords in Manchester, this change may require a more thorough tenant screening process, as tenant security is increased. Concerns remain about whether the court system will be able to handle the anticipated rise in possession claims.

2. Arrears Threshold Increase From 2 to 3 Months

A significant update is the increase in the rent arrears eviction threshold from 2 to 3 months, meaning landlords will need to wait longer before serving a possession notice. Additionally, the notice period will extend from 2 to 4 weeks. In practice, these changes could add up to 1.5 months to an already lengthy possession process, which currently averages between 6 and 12 months. However, landlords retain the ability to pursue eviction under discretionary grounds if rent is consistently late.

3. New Safety Standards and Awaab’s Law

Labour’s Renters’ Rights Bill expands Awaab’s Law, originally introduced to protect social housing tenants, to the private rental sector. Landlords must now address serious hazards, such as damp and mould, within a specified timeframe. This law ensures that rental properties meet basic safety and habitability standards, with penalties for non-compliance.

HMO landlords managing older properties in Manchester should ensure regular inspections and maintenance to meet these requirements, avoiding potential legal issues and fines.

4. Ban on Bidding Wars

The Renters’ Rights Bill bans rental bidding wars, a practice where prospective tenants offer above the asking price to secure a property. The Bill mandates that landlords and letting agents publish a fixed asking rent and prohibits offers above this amount.

5. Restrictions on Rent Increases

The Renters’ Rights Bill introduces tighter controls on rent increases, banning in-tenancy rent review clauses. Landlords are limited to raising rents once per year, in line with the market rate, and tenants can challenge excessive increases through the First-Tier Tribunal.

This will likely impact rent-setting strategies for HMO landlords, who will need to ensure rent increases are reasonable and justifiable. Tenants now have more power to contest unfair rent hikes, adding another layer of complexity to managing rental properties.

What’s Next for the Renters’ Rights Bill?

The second reading will take place on 12th September, and then the remainder of the parliamentary process in both the House of Commons and the House of Lords, and will follow over the coming months. There is cross party support for reform in the rented sector, and as the Bill appears to largely mirror the previous Renters’ (Reform) Bill, it is almost certain that the Bill will eventually pass and become law before the summer of 2025.

For HMO landlords in Manchester, the Bill’s changes will require a shift in how properties are managed, especially with the abolition of Section 21 and the introduction of stricter rent controls and safety standards.

Managing these new regulations can be complex, but at Confidence Property we are here to help. Our expertise in HMO property management ensures that your properties stay compliant with all legal standards while maximising profitability.