Lack of Justice in Housing – Section 21

by Readers Question

13:44 PM, 12th February 2019
About 5 days ago

Lack of Justice in Housing – Section 21

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Lack of Justice in Housing – Section 21

Letter to Gareth Johnson Member of Parliament for Dartford:

Dear Mr Johnson,

I’d like raise some concerns about justice, or rather the lack of it in Housing.

I operate my own business of recovering possession of mainly residential property for landlords who’s tenants have chosen to break their contract. Very similar if you like, to the criminals who choose to disregard criminal law, the defaulting tenants breach their contract (Tenancy agreement). There are only two options for a landlord to regain possession of ‘their’ property, despite the flagrant breach of contract which either through Section 8 of the Housing Act, or Section 21.

Section 21 Housing Act 1988

You will probably have heard much about Section 21, often from various Tenant support groups with little morals about the conduct or legitimacy of those tenants they ‘support’. Much is also said against the use of Section 21 by the Labour Party, who believe it’s every persons right to Housing, whether they pay for it like the majority of the public, or not!

There is even the suggestion by opponents of Section 21, that because there is no specific course of conduct required to be proven against a tenant, they can (whether paying the rent or not), be asked not made to leave the property after 2 months. In other words, two months free housing at the property owners expense (be that Private or Social sector) before a legal claim can be submitted to the court, requiring an additional 3 months on average to achieve a court hearing.

Section 21 , the longer of the two processes, is often preferred due to the weakness of the Section 8 process.

Because the Section 21 process does not require a specific breach by the tenant to be stated or proven, this process has been twisted or manipulated by such opponents mentioned, to suggest that landlords are using it for ‘No fault’.

Any such suggestion really displays a basic lack of business sense. Evicting a tenant via Section 21 is a time consuming process which, often involves expense in rent arrears. additionally there is almost certainly a void period with the cost of finding a replacement tenant.

Adopting basic common sense and any business acumen, who on earth thinks a landlord in their right mind would evict a tenant for no fault?

To use the vernacular, a landlord is between a rock and a hard place, and nobody seems to give a damn.

Possession Friend



Comments

dilep singh

12:27 PM, 13th February 2019
About 4 days ago

Excellent piece!
The Law leans towards LAW BREAKING tenants rather than carrying out what should be. The amount of stress, hassle and money lost by Law abiding landlords which have the tenants best interests only to be back stabbed is absurd. There is a prejudice against landlords which this government has no interest in changing.......God forbid should Labour come in!!!!

SophieB

12:52 PM, 13th February 2019
About 4 days ago

100% agree, superbly put. I'm going through this Section 21 process and let me stress, it is absolute AGONY!

Mkahn

19:09 PM, 13th February 2019
About 4 days ago

Much appreciated. We are passing through the same even worse situation. It is company let property and the company subletted it to individual tenants grabbing much higher rent than the rent they were paying to us. For last six months, it’s director ( middle man) stopped our rent for one reason or the others. Our solicitor issued section 8 notice ( he ignored) then section 21 ( he again ignored) . Recently we got court order of possession, which he acknowledged but asked for another one month time, to issue notice of vacation to his tenants. He accepted, he is receiving rent from tenants during this whole period but not paying to us . We lost more than six months rent, paid another 3k to solicitor and court fee and now in a very difficult financial situation, to pay our mortgage . He wants to avail more time to grab money till we arrange a bailiff . This man is neither a tenant nor he lives in the property but using the weakness in the law and interpreting the same for his greed . I strongly urge the Government to look into this and eliminate the part of middle man to save the landlords ( law abiding citizens and tax payers ) from this cruelty.

Mandy Thomson

11:46 AM, 17th February 2019
About 4 hours ago

Reply to the comment left by Mkahn at 13/02/2019 - 19:09
Sorry to hear about your trouble, Mkahn. However, I don't understand why your solicitor would serve s.8 and s.21 against a company tenant?


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