Profile incomplete
9:08 AM, 21st July 2023, About 10 months ago 20
Text Size
Let’s face it, the debate surrounding Section 21 ‘no-fault’ evictions in the UK has become increasingly contentious, with media outlets and tenant activist groups condemning landlords for our supposedly arbitrary use of this legal provision.
However, it is crucial to shed light on the other side of the story and explore why we opt for ‘no-fault’ evictions and consider providing the genuine reasons for the eviction.
This balanced approach could lead to a more informed public discussion on this contentious issue.
Knowing that we are asking tenants to leave for anti-social behaviour, for example, would give most people a different take on the issue.
And that means working with Shelter and Generation Rent to understand why this situation comes about. Let me explain.
The first step is to recognise that Section 21 ‘no-fault’ evictions offer landlords a legitimate and lawful mechanism to regain possession of properties.
But let’s clarify what Section 21 is. It’s a legal provision that allows landlords to evict tenants without providing a reason, as long as they give at least two months’ notice.
That doesn’t mean there isn’t a reason for the eviction – it’s a legal route that enables landlords to repossess quickly.
In many cases, landlords utilise this provision not out of ill will but as a safeguard against unforeseen circumstances.
Life events, such as the need to sell a property to finance other investments or retirement plans, can lead landlords to seek possession.
These circumstances are not malicious; rather, they are practical business decisions to secure financial stability.
It is absolute nonsense for Shelter to claim that tenants face being unfairly evicted every 8 minutes this summer. And Generation Rent says it will be every 15 minutes.
These statistics are alarming – and to say that all s21 notices are ‘unfair’ is simply naivety. But are landlords really the villains here?
Contrary to the popular narrative, landlords do not wake up one day and decide to evict their tenants without reason.
We are, after all, running a business. Evicting a paying tenant means a loss of income until a new tenant can be found – a risk many landlords would rather not take.
The media’s focus on portraying landlords as solely profit-driven entities overlooks the fact that many are hardworking individuals or small-scale investors relying on rental income.
Tenants’ inability to meet rent payments can place a significant financial burden on landlords, leading to potential mortgage default or maintenance issues.
As such, Section 21 ‘no-fault’ evictions serve as a last resort to protect landlords’ livelihoods, a point that the media often fails to acknowledge.
Also, tenant anti-social behaviour poses serious problems for both landlords and neighbouring residents.
While eviction should always be a last resort, using no-fault evictions for such cases can provide a legitimate solution to protect communities from anti-social elements.
As landlords, we must also acknowledge that providing a genuine reason for eviction could lead to a more balanced media portrayal.
Transparently stating the grounds for eviction, such as selling the property or anti-social behaviour, may foster a better understanding of the challenges faced by both parties in the rental market.
It is unfortunate that tenant activist groups and media outlets have chosen to present a one-sided view of this issue.
For instance, the recent partnership between Co-op Bank and Shelter, as reported by Property118, might indicate a biased narrative against landlords.
By collaborating with an advocacy group, the bank may inadvertently contribute to a skewed portrayal of landlords as hostile and unscrupulous.
While it is crucial to protect tenants’ rights, the overemphasis on tenant victimisation can lead to the demonisation of landlords and disregard for their legitimate concerns. To many in the private rented sector, this has already happened.
I think the time has come for a more balanced approach to ensure a fair representation of both sides of the rental equation.
That means talking to tenant activist groups and helping people understand that section 21 ‘no-fault’ evictions have a role to play in the UK rental market.
While it is essential to prioritise tenant rights and explore alternative measures to address rental issues, it is equally important for the media and tenant activist groups to present a balanced perspective.
By doing so, we can foster a more informed and constructive dialogue on the challenges faced by both landlords and tenants, ultimately leading to more effective and equitable rental policies.
I have tried to be balanced here but there needs to be a realisation that demonising all landlords as being unkind, ungenerous and willing to evict a family for little or no reason MUST end.
What Shelter and Generation Rent need to appreciate is that BOTH sides lose.
Let’s remember that every eviction has a story behind it – a story often untold in the media.
Landlords lose a reputation and income when they sell-up – and tenants lose a home and face higher rents.
To me, the solution lies in constructive dialogue and fair legislation that protects both landlords and tenants.
Fast forward just two or three years when the ridiculous Renters’ Reform Bill is made law and landlords leave en-masse – who will be blamed for there being no homes to rent then?
It won’t be landlords because we will be watching from the sidelines as the same tenant activist groups turn their fire on the government for the lack of homeless housing provision.
Until next time,
The Landlord Crusader
Ian Simpson
8:19 AM, 22nd July 2023, About 10 months ago
Reply to the comment left by JamesB at 22/07/2023 - 07:11
Hi James
Your experience chimes almost exactly with mine. Been a Landlord 22 years and only had to do four evictions. One was a heroin addict who just never paid for a year and had to be ousted by the court, another was a (very aggressive) woman and her boyfriend who were cannabis users and sellers to other people in the HMO. This took 20 months to get them out, including bailiffs, and cost around £16,000. The flat was completely trashed, and was brand new when they had moved in. A full re carpet and repaint was needed after these animals left.
More recently we have had to move on a family who rented for eight years. Sad, but necessary as their rent payments became intermittent, often missed, and the casualness and cheek with which they simply used us as an interest-free overdraft was quite staggering. Selling up most of the portfolio now as renting is no longer worth the hassle and extreme costs. Govt rules and new regulations over EPCs , fees, stamp duty, and of course the looming withdrawal of s21 make renting no longer viable as a business.... Haven't even mentioned the interest rates yet!!
Raz
8:52 AM, 22nd July 2023, About 10 months ago
If the court eviction process actually worked to a fixed timeframe (call it an accelerated version of s8) probably very few landlords would even be using s21 in the first place. Shelter just needed a cause to justify t's existence.
Maureen Treadwell
8:53 AM, 22nd July 2023, About 10 months ago
Generation rent and Shelter have not helped tenants. Their lobbying has led to a reduction in supply of rental properties and higher rents. Look back at the origins of Generation Rent and what you find is a political agenda. They describe themselves as a 'charitable organisation'. They (The National Private Tenants Organisation) are a company limited by Guarantee but not a registered charity and they are strongly linked to the Labour Party. Kevin Allen, I presume is Cllr Kevin Allen a prominent Labour activist. Ian Mulheirn is at the Tony Blair institute. Neither appear to have much understanding of housing other than from the tenant perspective. To have good PRS policy you need to balance tenant and landlord interests otherwise you make life harder for tenants. Politically though, it is a very good move to portray the 'evil landlords' as a consequence of Tory politics. What we need is an entirely new non political think tank incorporating tenants and landlords - but with no political agenda - that leads to both more investment in the PRS and a better deal for tenants. Maybe use this forum?
Martin Thomas
10:43 AM, 22nd July 2023, About 10 months ago
Reply to the comment left by Phil Johnson at 21/07/2023 - 23:21
Look - if you want total peace of mind with no prospect that the landlord could decide to remove you for whatever reason, then you need to buy your own place. Then keep an eye on mortgage rates. Ah, but then you might not have peace of mind.......
Steve O'Dell
11:13 AM, 24th July 2023, About 10 months ago
Reply to the comment left by Seething Landlord at 21/07/2023 - 11:28
Bottom line is, if 2 parties have an agreement, and like any other agreement, there are exit clauses. If I want my house back for whatever reason, it is mine to have back.
Would I ever ask a good tenant to leave - no.
JUD KIRK
12:31 PM, 24th July 2023, About 10 months ago
Reply to the comment left by Seething Landlord at 21/07/2023 - 11:28
The point being that the Landlord doesn't have to prove their case.
Makes life easier for the Landlord. As an aside, social housing providers are responsible for the greatest number of evictions. Shelter are very quiet on that!
Seething Landlord
12:33 PM, 24th July 2023, About 10 months ago
Reply to the comment left by Steve O'Dell at 24/07/2023 - 11:13
Exit clauses can only be enforced if they are compliant with legislation and as has been said many times a tenancy agreement can only be ended by the tenant or the court.
If you would never ask a good tenant to leave, the effect of the abolition of S21 will be that somebody else will decide whether eviction is justified rather than it being left to you. Whether this will be a problem depends on how you define a good tenant.
Seething Landlord
12:50 PM, 24th July 2023, About 10 months ago
Reply to the comment left by JUD KIRK at 24/07/2023 - 12:31
Yes, S21 makes life easier for the landlord but the fact that he does not have to prove his case results in a perception of unfairness for the tenant and is essentially the reason why virtually everyone apart from landlords thinks that its proposed abolition is a good thing. The point that I am trying to make is that landlords have brought this on themselves by choosing to take the easier route rather than using S8, particularly when the underlying reason for eviction is rent arrears.
Reluctant Landlord
13:49 PM, 24th July 2023, About 10 months ago
Reply to the comment left by Seething Landlord at 24/07/2023 - 12:50
landlords choose to take the easier AND LESS COSTLY and LEGAL route. How long do you think it is justifiable for a LL can go without rent exactly???
Seething Landlord
14:35 PM, 24th July 2023, About 10 months ago
Reply to the comment left by DSR at 24/07/2023 - 13:49
I do not think it is justifiable for a landlord to go without rent at all, but that's beside the point.
The use of S21 because it is easier and cannot be disputed by the tenant is an unintended consequence of the original legislation, which the new Bill seeks to remove.
The fact that the reason for eviction will be transparent once S8 becomes the only route open to landlords will be detrimental to tenants who will no longer be able to hide behind the "no fault" fiction. The implications of this are starting to dawn on Shelter, as was apparent from their representative's reaction when they were highlighted by Ben Beadle during the recent Westminster Hall debate.