Landlord Crusader: Section 21 abolition – congratulations to Shelter et al

Landlord Crusader: Section 21 abolition – congratulations to Shelter et al

9:51 AM, 19th May 2023, About 11 months ago 28

Text Size

And so, it came to pass – section 21 notices to gain possession of a rented property will be no more and there was only the wailing of landlords that could be heard.

So, I guess, congratulations to Shelter and Generation Rent and all the others on a media campaign that focussed on the vilification of landlords over recent years.

The publishing of the Renters’ Reform Bill this week makes for surprising reading but seeing the abolishing of section 21 still hurts. This is just like the ending of section 24 when all landlords took a massive tax hit.

Sadly, landlords aren’t seen in a good light and the downside of what will happen next hasn’t been discussed.

But it will be.

Investing our money into an asset

Shelter and the complainers haven’t quite understood that as landlords, we are investing our money into an asset that provides a home.

We then spend our money to maintain it and most of us will be paying a mortgage.

We also pay tax and invest time and cash in meeting our legal obligations.

But there seems to be a disconnect of sorts because Shelter and Generation Rent don’t appear to appreciate a basic truth.

It is our money that we have invested. Not yours. Not the taxpayers. Ours.

And we can invest it how we like.

There’s not a law in the land that will prevent landlords from deciding that enough is enough and deciding to sell their property.

The future has been made clear with the Renters’ Reform Bill.

If you think the lack of properties and high rents is bad now, wait until the flow of landlords packing in becomes a flood.

As I say, congratulations to Shelter.

Proposed abolition of section 21 ‘no-fault’ evictions

While the proposed abolition of section 21 ‘no-fault’ evictions will be celebrated by tenants’ rights groups, it could prove to be the death knell for a sector already under huge strain. Here’s why:

  • First, the abolition of section 21 undermines the fundamental principle of private property rights – and takes us back to the days pre-Thatcher when landlords struggled to reclaim a property. That’s why the Housing Act 1988 revolutionised the private rented sector. Abolishing section 21 means that landlords no longer can reclaim their property without a clear reason. This change effectively transfers the control over their property from the landlord to the tenant.
  • Secondly, the abolition of section 21 is an overreach of the government into the private rental sector. The government’s role should be to regulate the rental market, not to take sides in the relationship between tenants and landlords.
  • Thirdly, the abolition of section 21 fails to recognise that there are cases where evicting a tenant without a specific reason is necessary. Sometimes tenants violate rental agreements, such as not paying rent or damaging property. In these cases, section 21 ‘no-fault’ evictions provide a simple solution for landlords to reclaim their property without jumping through hoops. The alternative, of having to prove legal cause for an eviction, can be a long and expensive legal process.
  • Finally, the abolition of section 21 is likely to have unintended consequences. One of these is the reduction in investment in the rental market. Landlords will be less inclined to invest in rental properties if they believe that their control over the property is being taken away from them. This drop in investment will reduce the supply of available rental properties, leading to increased rental prices.

In addition, the abolition of section 21 may lead landlords to be more selective in choosing tenants. If landlords can’t easily remove tenants who aren’t paying rent or causing damage, they are more likely to focus on finding more reliable tenants in the first place. This will present challenges for those with poor credit histories, have previous evictions or other issues that may turn landlords off.

So, good luck Mr Gove with the aim of preventing landlords not renting to someone on benefits.

The Renters Reform Bill

Let’s face it, the proposed abolition of section 21 evictions in the Renters’ Reform Bill may sound like a positive change for tenants’ rights, but it has far-reaching negative consequences for property owners and the rental sector.

Instead of abolishing section 21, the government should focus on creating a balanced regulatory framework for the rental market.

A market that is regulated so that tenants have protections and property owners’ rights are respected, but not so heavily regulated that investment in the market decreases and rental prices rise.

Did you hear that Shelter and Generation Rent? You’ve got what you wanted.

But perhaps you didn’t want the huge increase in tenants being made homeless or being priced out of the ever-decreasing private property sector.

As I have said before: Be careful what you wish for because – as the shops say when they have a great deal – when it’s gone, it’s gone!

Until next time,

The Landlord Crusader


Share This Article


Comments

Trapped Landlord

14:03 PM, 19th May 2023, About 11 months ago

Reply to the comment left by K Anon at 19/05/2023 - 11:26
Agreed , however i think i'm right in thinking , the ones at the top priority banding ( unemployed single parents with children) need not worry about being served with section 8 over section 21 since LA are obligated to rehouse them anyway as they would never see children living in the streets. Reading between the lines, having children gives them free reign to leave any property, private/ council in any condition they want , leaving any level of arrears they want. Your right though, unemployed couples and single people would stand no chance whatsoever.

K Anon

14:13 PM, 19th May 2023, About 11 months ago

Reply to the comment left by Trapped Landlord at 19/05/2023 - 14:03
sadly I think you are right. I actually had to pay mine to leave and they vanished scot free :-/
... but maybe it all adds to a mix somewhere

Trapped Landlord

14:16 PM, 19th May 2023, About 11 months ago

The ironic thing here is that all of the high risk / low grade tenants that we once housed on hb & uc are now being phased out of our portfolio completely. Government is effectively forcing these people and their problems away from the private sector into their own properties. Can only imagine how the councils/ housing associations stock is going to deteriorate going forward.

Reluctant Landlord

14:25 PM, 19th May 2023, About 11 months ago

Reply to the comment left by Richie at 19/05/2023 - 11:39none until they miss the following two months rent and go into arrears....
Either dont put the rent up, or negotiate another increase (?) if you want to keep the tenant. If you want to get possession back as the rent increase is reasonable you will have to wait until they breach payment then send out a possession notice.
They could get scared decide its not worth loosing the property over then pay the increase (is there anywhere else they can rent for cheaper??) - or decide to do nothing til you evict them. Then the circus starts...

Reluctant Landlord

14:35 PM, 19th May 2023, About 11 months ago

Reply to the comment left by Trapped Landlord at 19/05/2023 - 14:03
very true...the only thing is there may another consideration that comes into play here. If S8 reveals a mum A and kids are evicted for anti social behaviour, rent arrears damage etc, even if the council have duty of care towards them they still might find they are prioritised even lower over a single mum B same position but the landlord just wanted to sell up for example.

Might be given the really really bad temp accommodation over the just plan bad???

Trapped Landlord

14:43 PM, 19th May 2023, About 11 months ago

Reply to the comment left by DSR at 19/05/2023 - 14:35
What a sorry state of affairs, maybe i should jump ship and buy a few run down hotels.

Luke P

15:10 PM, 19th May 2023, About 11 months ago

Reply to the comment left by K Anon at 19/05/2023 - 11:26
Will barely have an impact...if the tenant has children (which most do). They are then housing the child, as the previous arrears wasn't their fault, but by default (re-)house the parent as well.

Luke P

15:15 PM, 19th May 2023, About 11 months ago

Reply to the comment left by Richie at 19/05/2023 - 11:39
All rent rises will have to be via s.13...with no 'by agreement' alternative as is the case now. If the tenant challenges (by Tribunal) and your increase is upheld, they're legally obliged to pay...but fully prepare for rents to, not only NOT increase, but also in some cases DECREASE!

Reluctant Landlord

17:39 PM, 19th May 2023, About 11 months ago

Reply to the comment left by Trapped Landlord at 19/05/2023 - 14:43
I know a lady called Sue who's interested ... 😉

Reluctant Landlord

17:42 PM, 19th May 2023, About 11 months ago

Reply to the comment left by Luke P at 19/05/2023 - 15:15
then I'll be whacking them up just before the poop hit fan and the bill gets into law...to compensate for that!

Saying that though a tribunal has to look at common market rent and by then a lot of LL's will have left the room so rents common market rents will be to the point a decrease wont be an option either.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now