Section 21 ban risks hurting tenants

by Property 118

7:00 AM, 15th April 2019
About 7 months ago

Section 21 ban risks hurting tenants

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Section 21 ban risks hurting tenants

PRS warns of “serious dangers” to the supply of rental housing for vulnerable tenants as a result of government plans to axe Section 21.

The Government is proposing a consultation on the abolition of Section 21, so called  ‘no fault’, repossessions in the private rented sector in favour of improving the court system to ensure landlords can more speedily repossess properties through them in legitimate cases.

David Smith, Policy Director for the Residential Landlords Association said:

“Whilst the RLA recognises the pressure being placed on Government for change, there are serious dangers of getting such reforms wrong.

“With the demand for private rented homes continuing to increase, we need the majority of good landlords to have confidence to invest in new homes. This means ensuring they can swiftly repossess properties for legitimate reasons such as rent arrears, tenant anti-social behaviour or wanting to sell them. This needs to happen before any moves are made to end Section 21.

“For all the talk of greater security for tenants, that will be nothing if the homes to rent are not there in the first place. We call on the government to act with caution.”

Government data shows that on average tenants live in their rental properties for over four years and that in 90 per cent of cases tenancies are ended by the tenant rather than the landlord.

The Residential Landlords Association is warning that at a time when the demand for rental homes is outstripping supply, especially among vulnerable tenants, the Government risks exacerbating the problem if it does not ensure that landlords have complete confidence that they can repossess properties swiftly for legitimate reasons. These include tenant rent arrears, tenants committing anti-social behaviour and landlords wanting to sell their properties.

With the Government’s own data showing that it takes over five months from a private landlord applying to the courts for a property to be repossessed to it actually happening, the RLA argues that it is vital that a reformed and improved court system is able to bed in and the grounds to repossess properties are properly improved before making changes to Section 21. This would follow the lead set in Scotland.

Research by Manchester Metropolitan University for the RLA has found that in a large majority of cases where tenants are asked to leave their properties under Section 21 notices there is a clear reason. Half of the notices are used where tenants have rent arrears, are committing anti-social behaviour or damage to the property. Other common reasons include the landlord needing to take back possession of a property for sale or refurbishment.  The report’s authors argue that this “raises questions” about whether the use of Section 21 notices can properly be described as ‘no fault’ evictions, as some have called them.

The RLA will shortly be consulting the landlord community to establish what measures would be needed to ensure they have confidence in the system before efforts are made to end Section 21 repossessions.



Comments

Luke P

11:04 AM, 15th April 2019
About 7 months ago

Reply to the comment left by Judith Wordsworth at 15/04/2019 - 11:03
As I said in the other thread, Judith. I don't think there is such a (legal) 'thing' as a temporary tenancy. Six months is the legal minimum AFAIK.

Luke P

11:10 AM, 15th April 2019
About 7 months ago

Reply to the comment left by Luke P at 15/04/2019 - 11:04
RSLs have very different rules to PRS.

Appalled Landlord

12:18 PM, 15th April 2019
About 7 months ago

“Housing Secretary James Brokenshire said that evidence showed so-called Section 21 evictions were one of the biggest causes of family homelessness.”

https://www.bbc.com/news/uk-47927706

There is no such evidence. It is a lie repeatedly made on TV by the new management of Shelter, which contradicts the research of the “charity” itself

https://www.property118.com/shelters-website-says-section-21-not-cause-homelessness/

However, Shelter has not maintained the security of the page which contradicts its management so you might get a security warning if you click on the link in the above article. The revealing page is here: https://m.england.shelter.org.uk/campaigns_/why_we_campaign/tackling_homelessness/What_causes_homelessness

James Brokenshire, the communities secretary, said that the change would allow tenants to put down roots. “Everyone has a right to the opportunities they need to build a better life. For many, this means having the security and stability to make a place truly feel like home without the fear of being evicted at a moment’s notice,” he said.
https://www.thetimes.co.uk/article/no-fault-evictions-to-be-abolished-in-radical-anti-homelessness-plan-9wm0nb7wl

(This article has the amusing headline: “No-fault evictions will be scrapped in radical move to protect tenants” No, what it will protect them from is finding somewhere to rent.)

If the Secretary of State for housing can lie publicly about the operation of Section 21 then there is no hope for reasoned discussion in the so-called consultation.

Appalled Landlord

12:44 PM, 15th April 2019
About 7 months ago

Joe Speye is a commentator on social housing . Below are some of his opinions on the abolition of S 21:

“The proposed banning of no fault evictions only shows no sane rational person would put @Conservatives or @Shelter or @genrentuk in charge of #housing policy for a Wendy House!” https://twitter.com/SpeyeJoe/status/1117752376587358210?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet

“Ban no-fault evictions? It means: (a) increased homelessness (b) increased domestic violence (c) increased rents (d) more NO DSS (e) lot of EVERY renter is WORSE (f) huge increase in LA homeless cost.”

https://twitter.com/SpeyeJoe/status/1117745762774016001?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet

“Yet today we see Polly Neate the chief executive of Shelter and previously chief executive of Women’s Aid lauding the proposed removal of the no fault eviction on mainstream TV, radio and across social media when the policy will see more homeless on the streets and more women having to suffer domestic violence and abuse because there is nowhere they can flee to that is available! ”

https://speyejoe2.wordpress.com/2019/04/15/ban-no-fault-evictions-why-this-is-dangerously-worse-for-all-renters/

Coastal

12:48 PM, 15th April 2019
About 7 months ago

Everything within the governments 'Bashing Landlords' policy is purely about gaining perceived votes. There can be no other reasons, as had anything been correctly researched or understood in the real world of lettings, then none of these 'make the housing crisis worse' polices would be occurring in the first place!

Appalled Landlord

20:29 PM, 15th April 2019
About 7 months ago

Generation Rent knows the outcome of the consultation in in advance.

“The Government will scrap section 21, ending ‘no fault’ evictions in England that have caused misery and hardship for millions (sic) of private renters and eroded our communities.”
https://www.generationrent.org/government_will_scrap_section_21

This is using a new counting convention: One two, miss a few, 99, a million.

“These unfair, unplanned evictions force people into debt, and are a leading cause of the awful levels of homelessness which we can all see around us.” It includes a link to:
https://www.generationrent.org/no_fault_evictions_drive_up_homelessness

This is a blog by Dan Wilson Craw, purveyor of economic nonsense and shameless manipulator of figures. https://www.property118.com/generation-rent-tries-hoodwink-policymakers/

He claims “Section 21 is the leading cause of statutory homelessness.” even though it is not a cause at all. https://www.property118.com/shelters-website-says-section-21-not-cause-homelessness/

He praises a report by The Joseph Rowntree Foundation on the rise of Section 21 in 2017. In fact the report said that changes in benefits have made rents unaffordable to benefit claimants in many areas, and as a result tenants on low incomes are being evicted,  However, this report was hijacked by Anna Clarke and turned into an attack on Section 21.
https://www.property118.com/poverty-evictions-forced-moves/

Conservative policy is being driven by manipulators like Dan Wilson Craw, Anna Clarke and David Kingman https://www.property118.com/landlord-tax-grab-source-document-exposed/

What has become of the Conservative Party?

What has become of respect for the truth among the younger generation?

Gary Nock

20:42 PM, 15th April 2019
About 7 months ago

So lets see what other demands by Generation Rentflake will be made by those that stick in the landlords " ( Dan) Craw".
Additional Stamp Duty. Tick.
Section 24. Tick.
Tenant Fee Ban. Tick
Compulsory CMP. Tick.
Homes Fit For Habitation. Tick.
Section 21 Abolition. Tick.
Property Redress for all landlords. Tick.
And on the wish list:
Rent Controls;
State Confiscation of Rental Property;
Imprisonment of Landlords ( Oh. Already achieved. Tick)

Trish

11:16 AM, 16th April 2019
About 7 months ago

Interesting to see that whilst the government plans to move towards ‘no fault’ ending of a marriage it’s going in the opposite direction with the ending of a tenancy

Trish

11:17 AM, 16th April 2019
About 7 months ago

Is there anything that we can do about this? Class action?

desertfox

19:16 PM, 16th April 2019
About 7 months ago

I think there may also be another agenda:

section 21 = "not intentionally homeless" (so long as landlord doesn't admit the rent arrears or anti social behaviour)
Section 8 = "intentionally homeless" - rent arrears , asb etc in plain sight if they occurred.

and of course:
Intentionally homeless = no council house.

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