Jumping through hoops – Repeal of Section21?

Jumping through hoops – Repeal of Section21?

11:37 AM, 19th April 2022, About 2 years 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


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Comments

nevmc

8:44 AM, 23rd April 2022, About 2 years ago

Isn't a legitimate reason to negate this if the property as actually up for sale, that was my understanding...??

Helen

17:10 PM, 24th April 2022, About 2 years ago

I am in exactly this position. I need to sell my flats to enable my retirement. Also as I am currently renting my plan was to sell the flats in order to buy for myself. Owing to the impending EPC issues, which I can't afford to address in my mostly Victorian properties I need to sell. I was going to wait until the mortgages' various fixed terms were up, ranging from this year to 4 years time or else I have to pay extortionate early repayment penalties. However, if we won't be able to sell unless they change the rulings on Section 8, I have to wait until my tenants leave of their own accord. That may not be convenient for the mortgage end of fixed terms.
How much notice do you think we will be given once the decision to remove the S21 is made, do you think? However, there will be such a rush to sell then, prices will not doubt go down.
Let's hope the government sees sense (but do they ever?) and maintain the levels of rental properties by stopping these crazy policies which are decimating the PRS.

NewYorkie

20:43 PM, 24th April 2022, About 2 years ago

Imagine the scenario where you cannot remortgage, and cannot sell because you cannot use S21!

Reluctant Landlord

11:12 AM, 25th April 2022, About 2 years ago

Is seems like we are all asking the same question.

Does anyone actually know the latest status of the S21 ban?

I know the white paper was going to be published (?) and the 'idea' was it would be in place by the end of 2022..
I assume the ban may be in place by the end of the year but that that date can't also mean 'effective from' surely?

I thought the S8 had to be beefed up/extra grounds added first?

All this confusion only goes to show how much of a balls up this whole issue is.

As it stands I shall be prepping a load of S21's to get ready to send to every tenant with the added note - 'I and very sorry to have to issue you with this notice but I have no choice. The government has changed the law to such an extent I will no longer be able to determine what I do with my own property. While I have NO intention whatsoever of asking you to leave your home, the new legislation imposed leaves me with so few options if I continue to rent it to you, then I have little choice other than to sell it.'

Reluctant Landlord

11:23 AM, 25th April 2022, About 2 years ago

Reply to the comment left by Neville McCann at 23/04/2022 - 08:44
I don't believe it is.

There is NO specific ground for selling a property - hence the reason why the S21 is used on such occasions.

Unless the S8 grounds are beefed up to include selling, there is the risk of killing the S21 then not being able to give selling as a S8 reason at all.

Don't forget - once you go down the route of S8 this leaves the tenant open to raise a defence.

Irrespective if they give just and proper reason (or not) the whole process will be delayed, and costly and will HAVE to go to court.

Even if your tenant is the best one in the world they will probably contest a request to leave. There is not likely to be any other suitable accommodation for them at the rent they are paying you. They therefore have nothing to loose by staying as long as they can.

If you have a low wage/benefit tenant of course if they throw a claim of 'disrepair' your way (even if fictitious) they will get Legal Aid, so you will find yourself against an ambulance chasing firm getting paid by the state to take you to task. You are the evil landlord remember!

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