No fault evictions? You are having a laugh!

No fault evictions? You are having a laugh!

Eviction notice concept with house icon over money and calendar background.
9:38 AM, 23rd September 2024, 2 years ago 37

I just finished my second no fault eviction in 20 years. It came after three attempts of evicting the same tenant using section 8 (discretionary grounds) over a two year period. The Section 8 failed because the unscrupulous tenant gave the judge false information so he wouldn’t evict.

Meanwhile I had to put up with tenants who denied me access to my property for maintenance and who made false allegations about the state of the property to anyone they could complain to.

When Thatcher brought in Assured Shorthold tenancies, the banks offered to lend against them and landlords took to them as there was a need for housing and banks wouldn’t lend directly to millions of people who needed homes. Thirty years on 5 million shorthold tenancies are currently live. Overtaking 4 million social houses.

Of course there are always unscrupulous people (landlords and tenants) but the landlords have to fulfill a bucket load of tasks and the tenant barely any, yet enjoy protections not available to homeowners (When did your personal home receive an annual gas safety check?). The success of the AST led to just 21,000 bailiffs no fault evictions last year, just 1 in 200 a low figure and testament to a hugely successful system.

At least one of those ‘No Fault’ evictions was where my tenant refused to pay a market rent. They tried to have the rent reduced by claiming false dilapidations to both the council, the civil court and the rent tribunal. They denied me access to repair the property. There was no other ground I could use to remove this unscrupulous tenant. But the biggest misunderstanding by the juvenile government is there is currently no eviction ground for selling a property so many use S21.

The suggestion s21 is done for no reason is deranged? Do people do anything for ‘No Reason’ – if you think about it every little thing we do has a reason. From going to the shops, to work to going for a walk. But now they would have you believe a breed of nasty folk have become landlords and suddenly started a new human trait, evicting people for ‘No Reason’ – seriously? This is beyond absurd.

The elephant in the room is, I imagine most of the non fault evictions are because the landlord wants to sell and there was no eviction ground to do this. The courts have for years overruled legal contracts the tenant signed up to where they have to leave after two months notice. They just don’t leave and the courts support them not least through delays and inefficiency.

Why should landlords offer tenancies forever our circumstances change. Having a forever home is called a mortgage. So come on Banks step up – lend to people who need homes instead of taking a huge slice of rents for doing very little and recklessly putting up charges for landlords.

In effect the new Renters’ Rights Bill will change the two months notice to two years, but then what? Do we enter the hopeless court process? All this government is doing by culling landlords is kicking the can two years down the road, when it will become clear many ‘No fault’ evictions were because the landlord wished to sell or because the landlord is unable to accommodate tenants who break the rules and are too difficult to manage.

The truth is the government know landlords don’t evict for no reason and this reform is simply the enactment of discrimination against us when they should be looking to solve the housing situation. What does the Property118 community think?

Thanks for reading,

Paul


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Comments

  • Member Since June 2013 - Comments: 3248 - Articles: 81

    7:18 AM, 25th September 2024, About 2 years ago

    Reply to the comment left by havens havens at 23/09/2024 – 17:21
    Fantastic words Haven
    The idea that someone can claim a rental property as a permanent home is absurd.

  • Member Since July 2023 - Comments: 71

    5:37 AM, 26th September 2024, About 2 years ago

    Reply to the comment left by The Forever Tenant at 23/09/2024 – 14:41
    TFT – that is why a contract is in place so both sides know what they signed up to.

    The Assured Shorthold tenancy has been very successful at housing people and allowed two months this eviction after the end of the tenancy

    Despite this being part of the contract judges don’t enforce it .

    Unfortunately banks won’t lend to millions of people who need homes and some of these are very difficult to deal with. They do not treat homes with respect and sadly some are sadly unscrupulous and devious.

    Landlords are not equipped to manage people like this if you are unlucky enough to come across one so the law should be balanced and it isn’t.

  • Member Since April 2024 - Comments: 1

    8:21 AM, 28th September 2024, About 2 years ago

    Paul, you are 100% right , I myself as a accicental landlord have spent the last year dealing with something similar, with a non paying tenant tell the court complete lies to avoid paying rent for a year, the court system is only designed pro tenant and fleece the landlord its disgusting, John

  • Member Since February 2018 - Comments: 627

    8:40 AM, 28th September 2024, About 2 years ago

    Reply to the comment left by Godfrey Jones at 23/09/2024 – 14:00If a tenant has a history that won’t be disclosed that’s the same as seeing a Black hole by the absence of light, don’t touch it, it’ll suck you in.

  • Member Since April 2024 - Comments: 284

    10:24 AM, 28th September 2024, About 2 years ago

    Reply to the comment left by Peter Merrick at 23/09/2024 – 15:33
    I’ve just been quoted £150 plus VAT to change 2 door locks (ordinary UPVC) and a garage.

    Thanks for your comment. My husband is quite handy, think I’ll ask home to do it,if it’s straight forward? When the times comes!

  • Member Since May 2015 - Comments: 2203 - Articles: 2

    10:48 AM, 28th September 2024, About 2 years ago

    Reply to the comment left by Alison Clark at 28/09/2024 – 10:24
    You will probably need an impact driver (upmarket screwdriver) to remove the screws in UPVC doors. Even with the cost of a battery impact driver, you will still be in pocket compared to a £150 charge.
    Ordinary screwdrivers, hand or electric, will not budge screws that have been inserted with an impact driver.

  • Member Since March 2023 - Comments: 1506

    11:14 AM, 28th September 2024, About 2 years ago

    You have learnt a lesson there, never issue an S8 on only discretionary grounds, it just won’t work these days

  • Member Since July 2022 - Comments: 23

    6:23 PM, 29th September 2024, About 2 years ago

    Dont trust the goverment for so called grounds for eviction there will be loopholes for the tenant to stay,
    best sell not worth the risk !!

  • Member Since January 2015 - Comments: 41

    6:36 PM, 29th September 2024, About 2 years ago

    Reply to the comment left by Alison Clark at 28/09/2024 – 10:24
    Do you think £150.00 plus VAT is too much?

    VAT is nothing to do with the contractor

    Cheap lock for the doors £15.00 each, garage lock depends on what it is but about £40.00 so £70.00 for materials and £80.00 labour/traveling time this includes a contribution to van, van insurance, public liability, fuel and tax on profit so operating cheaply no shinny new van probably about £20.00 overheads leaving £60.00 profit
    Personally I think £150.00 plus VAT is cheap!

  • Member Since March 2023 - Comments: 1506

    7:03 PM, 29th September 2024, About 2 years ago

    Reply to the comment left by Paul Tarry at 29/09/2024 – 18:36
    £150 + VAT, Cheap .. not half. A new set of keys would cost you £25 these days, give me the tradesmans address I have a load of work he can do !

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