End Section 21 petition gets nearly 50,000 signatures

by Property 118

9:43 AM, 23rd July 2018
About A year ago

End Section 21 petition gets nearly 50,000 signatures

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End Section 21 petition gets nearly 50,000 signatures

A petition supported by the pressure group Generation Rent to “Scrap Section 21 of the Housing Act 1988, otherwise known as no-fault evictions” has nearly reached its target of 50,000 signatures.

The 38 Degrees petition is to be sent to the new Housing Minister James Brokenshire.

This would leave private Landlords very little control over their properties and business, reversing the law change that allowed the PRS to take up the slack for council housing that was being sold off and not replaced.

The petition states:

“Right now families in rented homes can be kicked out with just two months notice – without any valid reason. Some end up sharing a single room in temporary accommodation while others have to move miles away from their children’s schools. It’s unfair and its perfectly legal

England is one of the only countries in Europe that allows people to be evicted without private landlords having to give a reason. The threat of being kicked out without doing anything wrong causes insecurity and stress for millions of familes, and makes people suffering shoddy housing scared to complain.

The Scottish government has already acted to protect private tenants by restricting no-fault evictions there. Right now, the government is looking at how they can make renting more secure in England. They could change the law, so people who rent can only be evicted if there’s a valid reason. It’d mean millions of families will have the security of knowing they won’t be forced to move at a moments notice.

We call on the UK government to give renters in England stability and certainty in their homes by abolishing Section 21 of the Housing Act 1988.”

Click here to view the petition



Comments

Mark Alexander

20:18 PM, 23rd July 2018
About A year ago

Reply to the comment left by sam at 23/07/2018 - 19:44
Have have been telling landlords, the Government and the likes of Shelter st all exactly that for nearly a decade. Why don’t people listen?

Please search “Deed of Assurance”, I invented it.

sam

21:12 PM, 23rd July 2018
About A year ago

Reply to the comment left by Mark Alexander at 23/07/2018 - 20:18
Haha. You be bored out of your mind if they do. Be careful what you wish for.

Ronald Crane

5:12 AM, 26th July 2018
About A year ago

Reply to the comment left by Gromit at 23/07/2018 - 10:08Please, can somebody tell me...
My tenant owed me 3 months rent.
I issued a section 21 with 2 months notice on it (3rd May to 3rd July 2018. ) The tenant refuses to leave .
When the 2 months was up, I asked a lawyer to take the next step for me, to co to the courts, to pursue the eviction.
The lawyer said he believed the judge would throw out my case as (he said) one must give at least 2 months + one day for the notice to be served!
He suggested I engage him to serve a fresh Section 21 notice and wait another 2 months (plus 1 day)
Others have since told me that my "exactly 2 months notice" is valid ! i.e. dated 3rd May to 3rd July.
Was / is my Section 21 notice dated 3rd May to 3rd July O.K.
or not ??
Any advice please...
Ronald Crane

Gromit

15:52 PM, 26th July 2018
About A year ago

Reply to the comment left by Gromit at 23/07/2018 - 10:08
Generation Rent have now got 47,459 signatures as of this moment.

Why do we not have a Landlords petition to keep Sec.21?

tony jackson

7:51 AM, 28th July 2018
About A year ago

hi All
assume section 21 gets removed from the housing act in England my question is ....What is to stop a private landlord who rents to a private individual issuing a AST which has a clause in it, effectively adding in your own section 21 , i.e. landlord has the right to request there property back with 2 months notice. The AST is a legal document so as long as its duly signed and witnessed surely a landlord can use that in court if need be to evict?
Any solicitors like to comment on this?

Gary Nock

9:09 AM, 28th July 2018
About A year ago

Tony I am not a solicitor but would like to think I am fairly well versed in the matters around ASTs and statute. An AST is a contract between landlord and tenant. If this landlord / agent hating government bring in a law that effectively bans Section 21 then statute law overrules contract. So no - I don't think that we as landlords can do it.

sam

17:48 PM, 28th July 2018
About A year ago

Reply to the comment left by Ronald Crane at 26/07/2018 - 05:12
I think u need 2 ‘clear’ months notice. Not any old 2 months.
Ie if u give notice to day, the 2 month starts from next rent due date. The eviction process is a bit of a mine field if u r not familiar with it. Be penny wise n pound foolish to deal with it yourself. Best engage a pro. Why not talk to Shamplina or Evict a Tenant or similar.

sam

17:59 PM, 28th July 2018
About A year ago

I think that depends on what the amendment ends up saying. It is not uncommon for 2 yr contract to stipulate a 12 month break clause. Can’t see why it is a problem unless expressedly prohibited by new statue. But then the tenant can’t get out either.

Dylan Morris

19:39 PM, 28th July 2018
About A year ago

Reply to the comment left by sam at 28/07/2018 - 17:48
I'm fairly sure (though don't quote me) the rent due date business doesn't apply any more and you can simply give a straight two months notice from whatever date. Good idea to join the RLA if you plan on evicting yourself. They have a lot of info and documents you can download on their website, and also a Call Centre where you can speak to an expert on the phone for free. Very helpful and well worth the £80 a year membership fee.

DALE ROBERTS

21:04 PM, 28th July 2018
About A year ago

DON'T try and evict without professional advice and assistance. I suggest you contact someone like Lee Daniels of Helpland who specialises in tenant evictions and charges a set amount for the legal work involved. It's less expensive than a solicitor but he has a team of solicitors who work for him.
I personally find serving a Section 21 useless. The savvy tenant, especially if he/she has sought advice from Council/Shelter, is aware that a Section 21 is merely the first attempt to regain possession of the property by the landlord but actually has no legal standing to enforce that possession. A full eviction process is generally forced by the tenant and this will take 6 to 8 months whilst they continue to enjoy the full rights of their tenancy whether they are paying rent or not. Usually on service of a Section 21 the tenant will deliberately withhold rental in the knowledge that there is nothing you can do about it.
Under no circumstances can a landlord forcefully evict a tenant from the property under a Section 21. Section 21 only grants them the authority to seek possession from the court. And even when an order to vacate has been issued by the court, tenants do not have to obey until such time as the landlord is granted an eviction order and a Bailiff date is set to regain possession legally. The plethora of mandatory requirements that need to be met before the serving of a Section 21 is so onerous as to almost ensure failure on the part of the landlord.
Generation Rent can have Section 21 abolished. I prefer Section 8. It not only returns my property to me but results in a CCJ against the tenant. I'm quite happy to be the reason the tenant will have a negative credit history for 6 years. He/she has blatantly thieved. And always inform Council/Shelter if your tenant is deliberately making themselves homeless by withholding rental. They view such conduct in a very serious light and aid is, as a consequence, limited.
Finally, upload the tenant to Landlord Referencing for the benefit of other landlords.

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