Eviction – This will make you angry!

Eviction – This will make you angry!

12:09 PM, 29th March 2018, About 4 years ago 19

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The housing charity “Shelter” have formally admitted that it can take a landlord 8 months to evict a tenant using a section 21 notice. The admission is in the form of their latest viral video campaign. Despite this, they continue bleat that legislation is biased in favour of landlords.

How can taking 8 months for a person to take possession of their own property be seen as biased towards landlords?

What if you want to sell the property or move back into it yourself?

What if you desperately want to get rid of a bad tenant for the sake of your finances or the sanity of the neighbouring households?

Received a section 21 notice? Don’t panic – if there’s no alternative, you can stay in your home beyond the two months’ notice.

Posted by Shelter on Friday, 23 March 2018

 

Only 5% of tenancies are ended by landlords. In many cases, section 21 is used on the basis the Courts cannot refuse to grant an eviction order, and even this is subject to the landlord proving he/she has been fully compliant with regulations!

If you’re a landlord yourself you will forgive my perception that the above is biased towards tenants.

The alternative way to evict a tenant who doesn’t pay on time, doesn’t respect their neighbours and/or doesn’t respect the property is to serve a section 8 notice. However, despite the initial notice period being only two weeks, the end goal of evicting a bad tenant can take far longer than 8 months to achieve, because the Courts have discretion.

Shelter and the Labour party are campaigning for tenants to have even more rights than they do now. They are well organised and well funded to produce propaganda designed to provoke anti-landlord sentiment.

Nevertheless, an opportunity exists for you to help us to fight back. If you wish to make a donation please Click Here

People living next door to a rogue tenant might even want to get involved when they understand the realities of the situation, even if they are not landlords themselves.

Please at share this article on Social Media, e.g. Facebook and Twitter to show your support .

Thanks in advance.



Comments

by Luke P

22:49 PM, 30th March 2018, About 4 years ago

Reply to the comment left by Mark Alexander at 30/03/2018 - 21:27
I too find Giles incredibly gratuitously argumentative, which is all the more annoying knowing he obviously possesses the intellectual equipment, but appears to fail to use it, instead preferring to tussle with almost every commenter on his articles. I often wonder how he and David Smith get along.

by Monty Bodkin

13:14 PM, 31st March 2018, About 4 years ago

This EHS link blows out of the water the Lefty-Luvvy theory that landlords are evicting just to put the rent up.
The main reason landlords evict under section 21 is rent arrears.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/627686/Private_rented_sector_report_2015-16.pdf
3.15 When asked about their most recent move, only 2% of private renters said that their last tenancy ended because of rent increases by the landlord.

by Judith Wordsworth

13:23 PM, 31st March 2018, About 4 years ago

Actually I'm more than angry as in the process of evicting my tenant who has refused to pay her housing benefit shortfall and an overpay of her housing benefit award as, as she says" she has better things to use her money for than shortfalls in housing benefit".
When she has a newer car than mine, the obligatory 52" TV, both she and her elder son have iPhones and actually have more disposable income than I do, why should I be funding her to live in my property for months before I can get possession back.

I have decided having received conflicting information from solicitors re using a s21 4(a) or a s21 1(b) that as I have already served the 21 4(a) I will be serving this week a s21 1(b) and will let the judge decide which is applicable. Also cannot use the online Form 6A court application as there is no "additional comments" box, enough space to put relevant dates for service of the Proscribed Information as has been served more than once during her residence.

So cross that sometimes I think we should ALL go back to the Rachman style of eviction for deliberate non-paying tenants as the courts would not be able to deal with it and the councils would have more than enough on their hands to deal with to start actions. Only joking??? UGHHHHHHH

by Luke P

13:39 PM, 31st March 2018, About 4 years ago

Reply to the comment left by Judith Wordsworth at 31/03/2018 - 13:23
If the tenancy is post-October 15 you will *have* to use Form 6a. If *outside* the fxed-term, it definitely falls under 21 4(a)…inside the fixed-term is 4(b).

by Ken Smith

15:07 PM, 31st March 2018, About 4 years ago

I'm now at the stage where I love reading articles like this as it motivates even more to get out of this lunacy.

We completed this week on a portfolio sale of another set of properties - 19 this time, this means we just have 12 left - with 5 under notice now on S21s and one selling to the tenant's father.

Interestingly, the buyer of the portfolio is unhappy because just 12 hours after being a new landlord, she apparently needed a boiler replacement in one property - and one tenant, of 8 years standing, gave notice. Just bad luck on her part - but that's 2 issues in 2 days that my team no longer have to handle.

She has, I have already heard from a former tenant affected by the sale, antagonised tenants by sending them a set of 'rules' to adhere to now that she is owner. I have seen a copy, and it is eye-wateringly disrespectful and provoking. These are tenants with no arrears and of above average tenant quality.

Talk about poking the bear with a stick. I see trouble ahead....What could possibly go wrong?

The mood out there is becoming more and more anti-landlord with each passing day. It will snowball and compound to goodness knows what size of problem.

Just 12 to go anyway.

by Judith Wordsworth

18:08 PM, 31st March 2018, About 4 years ago

Reply to the comment left by Luke P at 31/03/2018 - 13:39
Luke P the tenancy commenced 17.6.2010, and slipped in and out of signed AST's, the last signed term ending on 16.12.2014 so outside deregulation.
Still solicitors I have asked advice from have come up with differences of opinion as to which of the s21's to serve. Hence now serving both and letting the judge sort out which.

by Luke P

18:22 PM, 31st March 2018, About 4 years ago

Reply to the comment left by Judith Wordsworth at 31/03/2018 - 18:08
Why have you been reissuing tenancies rather than allowing them to become periodic?

If the paperwork is wrong, the Judge won’t ‘sort it out’, he’ll just throw it out and you’ll be back to trying to fathom what to do.

Work off the most recent tenancy. You can use Form 6a if you wish but 21 4(a) is what’s required as you’re outside the fixed term.

by Judith Wordsworth

18:31 PM, 31st March 2018, About 4 years ago

Reply to the comment left by Luke P at 31/03/2018 - 18:22
Which is why I served the s21 4(a) then 2 solicitors said it should be s21 1(b).

by Luke P

18:43 PM, 31st March 2018, About 4 years ago

Reply to the comment left by Judith Wordsworth at 31/03/2018 - 18:31
21 1(b) inside. 21 4(a) outside, but Form 6a will work fine. No prescribed info necessary pre-15 (until October this year).


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