The End of Section 21 Evictions Is Coming

Yeah I agree.

I just think they should have made a couple of exemptions for the special cases - glasgow is another special case with three unis and many colleges - and created a student 9 month contract usable in large cities.

The one month notice without having to stay for six months initially is also a major problem. My friends and I have had cases where people have moved in and out in just a couple of months. One tenant found a couple of spiders in their flat while moving boxes in and then refused go back to the flat and gave notice that day! That caused the landlord a lot of expense.

As always I think the middle ground should be sought for al these things. :slight_smile:

I wonder what else is the Government is going to do against landlords! I’ve been a landlord for more than 20 years with very good tenants 9 times out of 10. But we need to be protected somehow or landlords will decide they no longer want to be landlords. To be honest when I read this I want to sell up.

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The government deflect their inability of solving housing issue to landlord. all other business is allowed to deduct interest rate for business purpose but not for rental business. it is criminal. some one need to organised something to make the government hear. Can landlord on strike, just a thought.

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Hi Carl,

3 months rent for a deposit in Germany!
The government in England have just caped most rents to 5 weeks rent.

Mike.

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This is exactly why landlords need a rogue tenants list . no hiding place Let them sleep on a park bench

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Not so easy, there are very good actors and manipulators of references out there.

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I Agree that is why you need to be very careful who you hand over the keys too. First decide what information you need from each potential tenant eg line of work, permanent contract, salary, length of employment, how long have they lived at their current address
etc. If they do not give you satisfactory answers don’t offer them a viewing, make notes of the Q&A you have asked for those that view. At the viewing ask some of the question which should match previous answers and let them know that if you offer them the
property you will need to see P60s, wage slips and proof of rent for the last 12 months. Finally let them talk to you, watching there body language, listen and at then end of the viewing give yourself time to write down your thoughts, observations and gut
feeling. This will give you a good indication if they are the type of person you want to let your property too.

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I love Judge Judy. Will she come over here and set up a housing court?

I advise all Landlords to write to their own MPs setting out their thoughts on abolishment of Section 21. We are providing a service and should be congratulated and not made to think of leaving the property market. We must make a stand if we wish to protect our investments.
Most Landlords and tenants are decent and treat people well and if there are any changes both sides need full protection.
What will the government do when there are less rental properties available and homelessness increases?
Please make a stand now before it is too late. The consultation is in October.
Susie

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Have done so thru the NLA

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Hi Colin,
Many thanks for your response. That is great but I feel we should try to contact our local MPs too. I aporeciate that it takes time but the more effort we make may increase our chances of a positive outcome.
Susie

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Susie you are right . After seeing years of succesive goverments tho I get tired of seeing idiots with no common sense. ,Swinging the pendulum too far in a certain direction… They dont mind taxing us extra tho!!

Susie,

I totally agree. Here is a link to an NLA landlord guide on how to do just that Section 21 _ How to lobby your MP. I implore all landlords to do so asap.

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Its nuts.
I had a bad tenant last year.
He mistreated the property, had (at least) three other independent people staying with him and from the comings and goings was clearly dealing drugs from the property.

As a landlord, how am I supposed to prove any of this to a court for a section 8 based eviction? Do I hire a private detective to sit outside the property and take photos? Who picks up that bill? (It’s rhetorical, clearly I do.)

Instead I issued a section 21 two periods before the AST expired. Of course the tenant then immediately stopped paying rent, but hey, I got rid of him.

Conversely, I fail to understand why any landlord, good or bad would use a S21 to get rid of a good tenant. It doesn’t make sense. Good tenants are gold dust, they pay the rent, don’t upset the neighbours and look after the property.
Getting rid of them means you have to re-decorate, have multiple months of vacancy and have to play good tenant/ bad tenant roulette.

Sure S21 means that tenants can be subject to no fault eviction, but practically this will rarely if ever happen. People need to start referring to S21 as a no proof eviction. No sane landlord would evict without fault, S21 allows eviction without proof of that fault.

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Perhaps more people should write to their MP’s, this was my attempt…

Dear Barry Sheerman MP

As a constituent and one of the 2.5 million landlords housing people in the UK, I am writing to you to express my serious concerns over the proposed abolition of section 21 of the Housing Act 1988.

I have been a full time residential landlord in the Huddersfield area for over 20 years and have 13 residential properties as well as being connected with a number of commercial properties. Throughout this time I have issued only one Section 21 notice. This notice was issued to a tenant of ours who had been renting their property with us for 7 years. For whatever circumstances sadly their lifestyle changed and theirs and their new friend’s behaviour began to affect the wellbeing of our other tenants who shared the same block. We tried over a six month period to resolve the ever increasing issues and sadly we were unable to achieve an amicable solution for all concerned. With the mindset that this one person was making life miserable for another 3 families we then took the decision to reclaim possession of the property. Whilst we could have used the Section 8 process, we felt that the onus of proof could further delay proceedings and ultimately not give us the guaranteed possession we required. You have to be a good detective and understandably not everyone wants to be your witness through fear of reprisals.

In the same way that any business owner can refuse custom and clients, should it not be that a landlord can also use this common sense approach in the best interest of the collective community?

I and my Company’s policy has been and is, to let quality homes at competitive rents, providing a responsible management service for all our tenants and tenant communities.

This proposed change in the law has already encouraged us to look at other options and we have valued our portfolio with the view to begin selling off our assets. This would have the effect of removing 13 properties from the PRS in Huddersfield adding to the existing quality housing shortage.

The text below details further our collective concerns and issues

Section 21 is often described as the ‘no fault’ route to repossession but the reality is almost all notices are served because of poor behaviour by the tenant. Research by Manchester Metropolitan University found that in over 90% of cases, the landlord attempts repossession because of rent arrears or antisocial behaviour by the tenant.

Landlords need the security of section 21 because repossession based on grounds (section 8) is unreasonably difficult to achieve in a timely fashion because:

  • Possession is too slow. The MOJ revealed that it took 22 weeks on average for landlords to regain possession of their property in 2017. This means that a tenant in continuous rent arrears would accrue on average £6,624 in arrears before possession is enforced.
  • Possession is not guaranteed even after a serious breach. Tenants may continue to live in the property as long as they keep their rent just £1 below two months of arrears.
  • Section 8 is much harder to use than the section 21 procedure. The accelerated possession form for section 21 is simpler to fill out and does not require a hearing.
  • Landlords are not provided with enough guidance or support and find the court hearings confusing.
  • Section 8 does not allow landlords to repossess their property so they can house a family member or sell their property. It is also extremely difficult to gain possession where antisocial behaviour has occurred.

Confidence in the sector is already fragile after the recent tax changes and increase in regulations with 25% of landlords set to sell properties in 2019. Abolishing section 21 will lead to more landlords selling or restricting who they let out to. With 22% of PRS renters in receipt of Housing Benefit these vulnerable tenants may find it difficult to rent in future with a smaller PRS and increasing demand for rented homes.

I urge you to press the Housing Minister not to go forward with this proposal. However, if section 21 must be revoked then I must be able to repossess my properties with confidence or I may not continue in the market without significant improvements such as:

  • Creating a specialist, low cost, housing court to handle repossession cases by judges and experts with specialist knowledge. This court should make extensive use of online facilities to lower costs, reduce delays, and guide landlords through the process.
  • Introducing number of new section 8 grounds to improve the notice.
  • Making it easier to gain possession via the existing grounds of section 8.
  • Allowing some section 8 grounds to use the accelerated possession route.

I would welcome the opportunity to discuss my concerns with you, and would be grateful if you would let me know when you are next available to speak with me over the phone?

Thank you for reading about my concerns and I look forward to your reply.

did you get a reply ?

I did get a reply after I reminded them twice they had not replied…and here it goes…

Thank you for your email and calling our office. We are sorry to hear you are considering removing properties from the Huddersfield area, thank you for raising your concerns.

However, the Labour Party has been committed since December 2017 to the abolition of Section 21, alongside other measures to increase security for tenants. There is cross-party agreement on this issue. The abolition of this act will mean landlords can no longer evict tenants without a good reason, providing tenants with more stability and preventing them from needing to make quick moves with little notice. The act has already been scrapped in Scotland. Although you state you have rarely used Section 21 to evict tenants, nationally these statistics differ. The Joseph Rowntree Foundation and the Cambridge Centre for Housing Planning Research found 80% of evictions were the result of Section 21. Labour wants to give the younger generation, and England’s 11 million private renters generally, increased security in the aftermath of the housing crisis.

There is a consultation process open until tomorrow on the abolition of this act, if you would like to contribute please follow this link: https://www.gov.uk/government/consultations/a-new-deal-for-renting-resetting-the-balance-of-rights-and-responsibilities-between-landlords-and-tenants

You raise concerns with the processes available to landlords in Section 8, so we believe it is important to raise that the government have stated if the abolition of Section 21 is successful they propose to strengthen Section 8. I do hope that eases your concerns somewhat and these changes to Section 8 are developed soon.

If you would like to discuss this issue further we are happy to talk more.

Kind regards,

The office of Barry Sheerman MP
The Member of Parliament for Huddersfield

Waste of time. What do you expect from politicians