Post-RRB: How will evictions work at end of an AST agreement?

This is what we all want to know. My advice is follow ithe rrb through parliament, then if need be issue s21 before it comes into force.

At the moment, at the end of the fixed term, if the tenant is still in residence, they acquire a periodic tenancy under s5 of the Housing Act 1988. I doubt that this will be changed, unless they decide to do away with fixed terms altogether as the Renters Reform Bill wanted to.

I very much hope they don’t decide to go down the route the Welsh gov did which required landlords to give new agreements to all ‘contract holders’. That was a nightmare.

But as David says, no-one can say anything with confidence until we see the draft bill. Even then it can be changed right up to just before it becomes law.

Until the RRB has been drafted and starts on it’s merry 12 readings way, possibly amended on it’s journey when original drafted sections are realised to be unworkable/unenforceable, speculation is a waste of time.

It is likely to be more draconian than the Renters Reform Bill; more anti-landlord in that it legislatively & regulatorily hog ties landlords, removes a property owners rights over their property, etc etc.

IF a PRS landlord has no or less rights over their property why are the lenders, who actually own the majority stake in that property, keeping silent?

Forget badgering MPs who have to toe the Party line/Whip.

PRS Landlords should be badgering/seeking the support/ demanding the support of mortgage lenders to be working with them, their customers, to protect the owners rights of these properties.

How eviction will work post RRB will be as follows:
1. Tenant is 2 months in arrears and you serve a s8 under grounds 8, 10 & 11. Several months go by and you get a court hearing. The tenants free solicitor discovers that you forgot to attach the scheme terms and conditions to the deposit prescribed information and the amount of the arrears is reduced by the penalty awarded meaning your possession application fails.
2. Some time later the tenant is now in greater arrears and you try again. Several months go by and you get a court hearing. The tenant claims there is mold in the property and the hearing is suspended due to the alleged disrepair.
3. You clear the mold and try again. Some months later you get a hearing and the tenants solicitor has got him a breathing space so your application fails.
4. Some time later once the breathing space has expired, you try again and after a few more months you get another court hearing. The tenants solicitor argues that evicting the tenant would cause them greater hardship and the possession application fails.
5. At this point you’ve used up all your savings paying the mortgage arrears that have built up and the property is re-possessed by the lender, so problem solved!

Reply to the comment left by DPT at 20/08/2024 – 13:27
Not beyond the realms of possibility. I had a case last 3 years. Tenant claimed she was victim of sexual abuse, so disabled and had to spend all her rent on alcohol. Disability discrimination to eviction. Would have cost tens of thousands of I hadn’t studied law at university

A Government that relies on Private sector landlords is making it impossible – No fault evictions? Okay, but is it not your property? There has never been security in renting privately, that’s why if you walk down most streets you can pick out the ones rented as often the gardens are unkempt. After all, why tend to a garden, and plant some flowers when the landlord after 12 months can serve you notice? Can you imagine trying to make a home for your children, not knowing how long you will be allowed to stay? Most landlords are not greedy, unfeeling, and unfair. Private Landlords rejoice in being lucky to have good tenants who look after the property, pay the rent, and treat your property as their home. It’s the interest rates that caused the rent increases, not the landlords. How dare a government not allow you to evict your tenant – some tenants are monsters, who don’t pay rent, smoke, and party, and terrorize the neighbors. Property inspections reveal that multiple people live at your property, and the garden has been ruined by two large bull mastiffs churning up the lawn… new rules state that landlords cannot discriminate against tenants with pets! Why not? Not all tenants can afford to take the dog to the groomers once a month. I once walked into a property and the carpets were invested with fleas that jumped onto me out of the carpets!!
Apparently, as a landlord, you will be able to evict if you can prove anti-social behavior. Is a landlord going to be able to support that anti-social behavior is going on – installing cameras? on your tenants? The very tenants who are guilty of anti-social behavior – don’t think the cameras would last long! Maybe your only option is to hide in the garden in the hope that you can obtain some evidence… I again, being so old had the experience of a lady who was so nasty and wicked to other occupiers – it took four years for the police to finally get involved – didn’t evict but she’s controlled and has stopped digging up the neighbor’s spuds….