Jumping through hoops – Repeal of Section21?

Jumping through hoops – Repeal of Section21?

11:37 AM, 19th April 2022, About a month ago 25

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The repeal of Section 21 is a game-changer and I`d like to know how other landlords are planning to deal with it. I`m not talking about the reasons for evicting a tenant which are in the current Section 8, but situations such as retirement, a wish to leave the problems behind, realising the equity etc – basically where a landlord WISHES (why can`t we just do as we want with OUR property? Oh for the old days) to sell and it has nothing to do with the tenant.

I know that selling up MAY be a recognised reason for eviction, but in my mind, it is a doubtful one that will almost certainly require us jumping through many hoops, and even then will depend on which side of the bed the judge got out of that day or what he had for breakfast.

Some of my properties have tenants who are decent people and would very likely leave if I wanted vacant possession, without being awkward or going to court. But there`s always one, or a girlfriend who says “But you don`t need to move darling,” or one who has no money and wants to be paid to leave.

So two answers are decent tenants and paying – but how much?

Paying to access our own equity…..sounds crazy, doesn`t it?

Any other ideas?

Grahame



Comments

by DSR

12:18 PM, 19th April 2022, About a month ago

our wishes don't come into anything. We are evil landlords remember!

If everyone has to rely on S8 for whatever reason the courts system is going to crash. It cant cope now. The only sensible thing is if they put add mandatory categories into an updated S8 so you can put 'retirement'/ equity release etc as a reason.

S8 at the mon only gives one ground to use if you want to move back in and that's ONLY if you can show you lived there before which is no good for most LL's with more than 1 property.

Another sh*4 storm heading our way....options are jump ship now or ride it out and take a risk to see what happens....

by Richie

12:28 PM, 19th April 2022, About a month ago

Basically my view is that it depends on your age and needs. If your young and have the will to fight all this anti landlord stuff that is being thrown at us then stay with your property investments at least for now.
If near or at retirement then sell and do away with the stress, Maybe enough profit to see you and family through. I have really good tenants at the moment and will just make a decision when they have moved on or pass the properties to the children through a trust scheme. Easier if you live long enough!
BUT at the end of the the day being a landlord is going to get tougher and you need to make the decision on your own and your family's stress levels.

by Mick Roberts

12:48 PM, 19th April 2022, About a month ago

I'm in same boat.

Because we could 'just sell' years ago, Landlords would house the people as they know they too could ;just sell' when they wished.
Govt & Councils has made it so that it's very hard to get your house back, so next Landlord thinks same & he sells when he can, he/we don't buy any more, or super selective on who we take.

by Rod

12:54 PM, 19th April 2022, About a month ago

There was a long thread on the proposed abolition of S21 recently.

The landlord association, iHowz, have been campaigning on this since February 2022, when they wrote to all MPs highlighting the potential unintended consequences the removal of S21 is likely to bring.

They are proposing a sliding scale of longer notice and financial compensation when using S21 to recover properties from tenants who have had rented the property for more than two years.

See here

https://ihowz.uk/category/campaigns/

and write to your MP, including a copy of the iHowz letter, explaining how removal of S21 will impact your business and requesting a meeting with them.

by Alison Walker

12:54 PM, 19th April 2022, About a month ago

I oversee a property that's held in trust & have taken the view that when the current tenant vacates I will reassess at that point and if things go the way they seem to be going the property will be sold at that point. It's a shame though as the property was left by a grandparent to ensure some financial security for their granddaughter going forward. Rental income is not massive so it's unlikely to be worth the hassle of keeping it.

by Dylan Morris

13:04 PM, 19th April 2022, About a month ago

How does it work in Scotland ?

by Seething Landlord

13:10 PM, 19th April 2022, About a month ago

Reply to the comment left by Rod at 19/04/2022 - 12:54
One of the main points that you make in your letter to MPs is that the use of section 21 should not be permitted in cases of rent arrears. In the previous thread I asked how you thought this would work bearing in mind that the distinguishing feature of S21 is that no reason is given. You cannot exclude its use for one reason without requiring that the true reason is given.

Are you now prepared to answer this objection? - as far as I recall you did not do so previously.

by Rod

13:54 PM, 19th April 2022, About a month ago

Yes, it's true that trying to exclude S21 for a specific reason - in this case, rent arrears - would probably be difficult to achieve as the whole point of S21 is that is no fault.

It was included as the two most common arguments given for repeal of S21 are:

1. Landlords can kick good tenants out with only 2 month's notice
2. Landlord always use S21 for rent arrears

S8 grounds 8, 10 and 11 all deal with rent arrears. As only Ground 8 is currently mandatory, we would look for the other grounds to be strengthened
iHowz are also proposing that non-contested notices could be dealt with in a more streamlined manner, without the need for court attendance.

https://ihowz.uk/notices-to-be-used/

by DSR

14:06 PM, 19th April 2022, About a month ago

Reply to the comment left by Rod at 19/04/2022 - 13:54
the use of a S21 is sometimes as a direct result of the tenant themselves 'playing the S8' .

A LL can bring a S8 for rent arrears, but then the tenant pays on the morning of the case to court? If you haven't argued Ground 10 and 11 at the time it will be thrown out. Even if you did then rely on 10 and 11 - these are totally discretionary and the judge nine times out of ten will not issue an order.

While you could argue use of S21 instead of the above is 'abuse of the S21 purpose' - for the LL - the outcome required is the same and does not open up the issue of counterclaim either. Why would a LL issue a S8 in this scenario - it leaves them more vulnerable.

by Seething Landlord

14:24 PM, 19th April 2022, About a month ago

Reply to the comment left by Rod at 19/04/2022 - 13:54
Surely non contested termination can best be dealt with by agreement between the parties without any involvement of the court at all.

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