Abandonment provisions – update

by Chris Daniel

9:01 AM, 12th November 2018
About a month ago

Abandonment provisions – update

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Abandonment provisions – update

An update for readers on the omission by the government to bring the Abandonment provisions under section 57 – 63 of Housing & Planning Act, 2016 – into force on 6/4/18 as originally planned.

The Govt are ‘ keeping it under review ‘ !!!

I don’t see it ever coming in, as the Labour opposition to it in Parliamentary debate made it so weak its as much use as a chocolate tea-pot.

Couple of other interesting comments from MHCLG though! (please read below)

Chris

Possession Friend.uk

Dear …

Thank you for writing to Heather Wheeler MP regarding Sections 57-63 of the Housing and Planning Act 2016. I have been asked to reply on her behalf.

As you have noted, the provisions set out in Part 3: Recovering Abandoned Premises in England have not been implemented. I can confirm that the department is keeping these provisions under review.

We want to determine whether abandonment remains an issue which requires policy intervention and we will test this through our analysis of responses to our recent consultation on Overcoming the barriers to longer tenancies in the private rented sector. In addition, we also want to take into account views expressed through our planned Call for Evidence on Considering the case for a Housing Court, which will be published shortly.

This Call for Evidence will be used to explore how existing court and tribunal processes, including the possession action process in the county courts, could be improved to support both landlords and tenants, including whether a specialist Housing Court is wanted or needed.

Yours sincerely,

Mark Lambert
Executive Officer,
Private rented sector



Comments

Seething Landlord

11:13 AM, 12th November 2018
About a month ago

Interesting! The long grass must be getting rather over crowded and could do with some selective licensing and management regulation.

Mike

17:22 PM, 12th November 2018
About a month ago

The sooner this is implemented the better for many landlords as I have a tenant who has since beginning of June left UK for Romania and has not come back nor tried to contact me, I sent him numerous Text messages but he has not responded, I filed a court case for abandonment using section 8, since he now owes me more than 6 months rent arrears, my hearing is set for 16th November and I am hoping the County Court Judge will issue me a possession order and not refuse granting it on any other grounds, I did hear from him a week after he went asking me to top up his Lyca mobile sim card with £10.00 credit, so this shows that he had my number and could contact me if he wanted to, on the other hand let us say his mobile phone got stolen or broke, he could still contact me through normal post since he must know full address of the property as he had lived here for over a year.
In the mean time I am praying to God to please help me get my premises back and I have suffered enough losses.
I have more to come as well as another tenant is 2 months behind on rent and he will also be given a section 8 as well section 21 Notice, and another one who warned me that he has lost his job and may not pay me any rent from this month, please note Shelter, I am running a real shelter, not just sitting on my big fat ares and earning a mega big salary advising tenants how to play their cards unfairly.

By the way I waited good two months before I started to consider abandonment, and waited another month before desperately trying to contact the tenant, he failed to respond to any of my text messages including those sent to his wife, and those sent to a phone number from which he contacted me to top up his mobile phone sim card. I got a Court hearing date 6 weeks after I filed my application seeking possession online.


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