Queen’s speech – Section 21 ban?

by Property118.com News Team

12:09 PM, 19th December 2019
About 11 months ago

Queen’s speech – Section 21 ban?

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Queen’s speech – Section 21 ban?

The first Queen’s speech under a new Tory majority outlining the government’s intentions for new legislation in this Parliament has been given.

For landlords the most relevant statement, all be it very short was: “New measures will be introduced to protect tenants.”

From previously signalled government intention this is likely to be taken to mean the withdrawal of Section 21. However, there was no specific mention of improvements to the court eviction services other than “My Government will bring forward measures to protect individuals, families and their homes.”

For incorporated landlords of minor significance is an intention to increase the National Insurance threshold and the Living wage.

The full .Gov transcript of the Queen’s speech is below:

My Lords and Members of the House of Commons.

My Government’s priority has always been to secure the United Kingdom’s departure from the European Union on 31 October. My Government intends to work towards a new partnership with the European Union, based on free trade and friendly cooperation [European Union (Withdrawal Agreement) Bill].

My Ministers will work to implement new regimes for fisheries, agriculture and trade, seizing the opportunities that arise from leaving the European Union [Fisheries Bill, Agriculture Bill and Trade Bill]. An immigration bill, ending free movement, will lay the foundation for a fair, modern and global immigration system. My Government remains committed to ensuring that resident European citizens, who have built their lives in, and contributed so much to, the United Kingdom, have the right to remain. The bill will include measures that reinforce this commitment [Immigration and Social Security Co-ordination (EU Withdrawal) Bill]. Steps will be taken to provide certainty, stability and new opportunities for the financial services and legal sectors [Financial Services Bill and Private International Law (Implementation of Agreements) Bill].

My Government’s new economic plan will be underpinned by a responsible fiscal strategy, investing in economic growth while maintaining the sustainability of the public finances.

Measures will be brought forward to support and strengthen the National Health Service, its workforce and resources, enabling it to deliver the highest quality care. New laws will be taken forward to help implement the National Health Service’s Long Term Plan in England, and to establish an independent body to investigate serious healthcare incidents [Health Service Safety Investigations Bill].

My Government will bring forward proposals to reform adult social care in England to ensure dignity in old age. My Ministers will continue work to reform the Mental Health Act to improve respect for, and care of, those receiving treatment.

My Government is committed to addressing violent crime, and to strengthening public confidence in the criminal justice system. New sentencing laws will see that the most serious offenders spend longer in custody to reflect better the severity of their crimes [Sentencing Bill]. Measures will be introduced to improve the justice system’s response to foreign national offenders [Foreign National Offenders Bill]. My Government will work to improve safety and security in prisons and to strengthen the rehabilitation of offenders. Proposals will be brought forward to ensure that victims receive the support they need and the justice they deserve. Laws will be introduced to ensure that the parole system recognises the pain to victims and their families caused by offenders refusing to disclose information relating to their crimes [Prisoners (Disclosure of Information About Victims) Bill].

A new duty will be placed on public sector bodies, ensuring they work together to address serious violence [Serious Violence Bill]. Police officers will be provided with the protections they need to keep the population safe [Police Protections Bill]. They will also be awarded the power to arrest individuals who are wanted by trusted international partners [Extradition (Provisional Arrest) Bill].

My Government will bring forward measures to protect individuals, families and their homes. Legislation will transform the approach of the justice system and other agencies to victims of domestic abuse [Domestic Abuse Bill], and minimise the impact of divorce, particularly on children [Divorce, Dissolution and Separation Bill]. My Ministers will continue to develop proposals to improve internet safety, and will bring forward laws to implement new building safety standards.

My Ministers will ensure that all young people have access to an excellent education, unlocking their full potential and preparing them for the world of work. My Government will take steps to make work fairer, introducing measures that will support those working hard [Employment (Allocation of Tips) Bill]. To help people plan for the future, measures will be brought forward to provide simpler oversight of pensions savings. To protect people’s savings for later life, new laws will provide greater powers to tackle irresponsible management of private pension schemes [Pension Schemes Bill].

To ensure that the benefits of a prospering economy reach every corner of the United Kingdom, my Ministers will bring forward a National Infrastructure Strategy. This will set out a long-term vision to improve the nation’s digital, transport and energy infrastructure. New legislation will help accelerate the delivery of fast, reliable and secure broadband networks to millions of homes [Telecommunications Infrastructure (Leasehold Property) Bill]. An aviation bill will provide for the effective and efficient management of the United Kingdom’s airspace Air Traffic Management and Unmanned Aircraft Bill. Proposals on railway reform will be brought forward.

A white paper will be published to set out my Government’s ambitions for unleashing regional potential in England, and to enable decisions that affect local people to be made at a local level.

My Government is committed to establishing the United Kingdom as a world-leader in scientific capability and space technology. Increased investment in science will be complemented by the development of a new funding agency, a more open visa system, and an ambitious national space strategy.

My Ministers remain committed to protecting and improving the environment for future generations. For the first time, environmental principles will be enshrined in law. Measures will be introduced to improve air and water quality, tackle plastic pollution and restore habitats so plants and wildlife can thrive. Legislation will also create new legally-binding environmental improvement targets. A new, world-leading independent regulator will be established in statute to scrutinise environmental policy and law, investigate complaints and take enforcement action [Environment Bill].

Proposals will also be brought forward to promote and protect the welfare of animals [Animal Welfare (Sentencing) Bill], including banning imports from trophy hunting.

The integrity and prosperity of the union that binds the four nations of the United Kingdom is of the utmost importance to my Government. My Ministers will bring forward measures to support citizens across all the nations of the United Kingdom.

My Government remains committed to working with all parties in Northern Ireland to support the return of devolved government and to address the legacy of the past.

My Government will take steps to protect the integrity of democracy and the electoral system in the United Kingdom.

My Government will continue to invest in our gallant Armed Forces. My Ministers will honour the Armed Forces Covenant and the NATO commitment to spend at least two per cent of national income on defence.

As the United Kingdom leaves the European Union, my Government will ensure that it continues to play a leading role in global affairs, defending its interests and promoting its values.

My Government will be at the forefront of efforts to solve the most complex international security issues. It will champion global free trade and work alongside international partners to solve the most pressing global challenges. It will prioritise tackling climate change and ensuring that all girls have access to twelve years of quality education.

Members of the House of Commons.

Estimates for the public services will be laid before you.

My Lords and Members of the House of Commons.

Other measures will be laid before you.

I pray that the blessing of Almighty God may rest upon your counsels.


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Comments

Monty Bodkin

13:17 PM, 19th December 2019
About 11 months ago

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/853886/Queen_s_Speech_December_2019_-_background_briefing_notes.pdf

The main elements of the Bill are:

● Abolishing the use of ‘no fault’ evictions by removing section 21 of the Housing Act 1988 and reforming the grounds for possession.

● Giving landlords more rights to gain possession of their property through the courts where there is a legitimate need for them to do so by reforming current legislation. In addition to this we will also work to improve the court process for landlords to make it quicker and easier for them to get their property back sooner.

● Introducing a new lifetime deposit so that tenants don’t need to save for a new deposit every time they move house.

Sue Bird

13:18 PM, 19th December 2019
About 11 months ago

Coming from a Conservative government (that I don't support), this is OK for me

Michael Bond

13:25 PM, 19th December 2019
About 11 months ago

Let's face it. Section 21 is a dead duck. it is already so circumscribed with additional rules that it is already unusable in most cases. We need to press for :
Specialist housing courts in which the judges know housing law; which deal with cases quickly; which do not give unreasonable time for tenants to get out if found in the "wrong"; and in which the evidence required to prove a case is simple.
And an end to the War On Landlords by government or at least their civil servants who have been indoctrinated by Shelter.

Luke P

14:13 PM, 19th December 2019
About 11 months ago

Reply to the comment left by Sue Bird at 19/12/2019 - 13:18How do you suppose lifetime deposits might work, Sue?

Luke P

14:17 PM, 19th December 2019
About 11 months ago

Reply to the comment left by Michael Bond at 19/12/2019 - 13:25
I think it was yesterday's new that said the Courts cannot cope with the volume of rape cases...what hope is their for LLs in Possession cases that are going to mount?

Incidentally, does anyone have the stats on how many Possessions the Courts handle split by S.21 & S.8 (with most of the S.21 cases being paper-based via Accelerated Possession), because that's how many extra cases the Courts are going to have to handle in future...

Paul Essex

15:39 PM, 19th December 2019
About 11 months ago

Reply to the comment left by Luke P at 19/12/2019 - 14:17
That figure would still be a massive under estimate as only a small portion of current section 21s ever get to court. From personal experience it was just 1 in the 4 we have had to use over the years.

LILIA FOUNTAIN

22:31 PM, 19th December 2019
About 11 months ago

I am a new landlord, l have just a small property and l am already selling it after only 5 months, I have a DSS tenant, who has taking me to court because her electricity meter was not updated for the last 3 years and l did asked her to pay the right amount for the energy used. The council has found any and all the ways to bullying me and accused me of things like illegal eviction, serving me with a long list of jobs l should do as part of the property keeping, and pressurising me that if l do not start those odd jobs, the list would be change into a improvement notice, etc. I do wonder if the law would protect us about this type of harassment. The Councils and its officers can do lot of damage to people like us by protecting theirselve on the power of an institutionalised organisation and making landlord looks like the rich horrible monsters that everyone should fear and hate.
What about protection for us and the rights that we have to enjoying a quite life, don't we deserve better? after all we only help people to find a place for living but who will help us, at least l have not seen any consideration or positive support from Nottingham City Council, I do not like this government but l really hope something positive would come for people like us. Taking into account those comments from you all, I absolute feel frighten of the future.

Question Everything

9:19 AM, 21st December 2019
About 11 months ago

Reply to the comment left by LILIA FOUNTAIN at 19/12/2019 - 22:31
Nottingham City Council is all that needs to be said from what I have read over the last few years.

The current state of things I see as this;

There is an entitlement by both individuals, and governments upon what they see as their right without considering from whom they are taking such rights from.

Social funding in the way of housing and hand-outs has reached a point whereby it has become a narcotic that creates the illusion that the addicted MUST get their fix. The fear of not continuing the supply is so great that they will do anything to maintain it, and in a failing economy what that means is taking it from those who have self-sufficient means.

As a renter most of my life, I am not alien to the problems, but as a LL I can see the culture of this society with respect to expecting those who 'can afford' to pay for those who 'can not'. It has no end other than the 'legal' claim on others' property.

This problem is cultural, the government (and royal) puppets will only react in a way that 'fixes' a material problem. It is like the medical system that treats only the symptom and not the cause.

If the council can afford to advertise 'reporting Rogue landlords' on the side of their rubbish trucks, maybe they can also put up an advertisement on the opposite side that advertises " reporting Benefit Scammers". Oh, but that might offend someone......... Someone who has the time, and legal aid, to 'put it right'.

I'm not making black and white propositions, I'm stating that the focus is not upon the real problem and it is not gong to be fixed by people like Shelter who get paid over £100k/yr to expound their ego-serving rhetoric and attack what they see as the cause but really is just the symptom.

Swift Kick

12:09 PM, 21st December 2019
About 11 months ago

What a thoughtful and insightful summary by Adam, and certainly one for any prospective landlord to consider carefully.

It’s the constantly recurring assumption of entitlement that will eventually capsize the tenants shrinking little boat, whilst under the stewardship of Shelter & Generation Rent acting as captain & first mate at the helm !

The potential erosion of a Landlords future rights, & consequently their ability to exercise sensible management of their increasingly entitled tenants, will soon lead to the migration of most accidental landlords seeking alternative (less regulated) investment vehicles.

Those more hardened and robustly financed Landlords (if reasonably intelligent) will inevitably avoid all tenants unable to retain a decent job or in receipt of housing support, as they will become particularly well supported and legally indemnified.

There are ONLY there types of “no fault elections”

1 - The owner chooses to reoccupy the property.

2 - The owner chooses to sell the property.

3 - The owner chooses to renovate/develop.

ALL others will have a well considered reason and in many cases may revolve around the inconsiderate behaviour of one of all of the residents.

Unless this forthcoming legislation is constructed fairly, and then promptly judged without political bias, it will lead to the quick erosion of the Private Rental Sector.

The most important asset for any future Landlord, will be their ability to meet all prospective tenants themselves, accurately assess their long term suitably, conduct very thorough referencing (including searches on Facebook, Instagram etc) as they may be with you for at least 3 years, whether wanted or not.

Choose very wisely folks !

Marie

10:35 AM, 16th March 2020
About 8 months ago

I spoke to a lawyer friend of mine about the removal of Section 21 and how I will be able to remove tenants in the future if they stop paying rent, ASB etc.
He said Section 8 is only valid for Assured Tenancies or secure tenancies, not Assured Shorthold Tenancies.
That would mean the normal BTL landlord will have no means for eviction.

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