Why Section 21 is necessary

by David Asker

11:03 AM, 6th September 2018
About 2 months ago

Why Section 21 is necessary

Make Text Bigger
Why Section 21 is necessary

Currently, there is a nationwide campaign headed up by Generation Rent and supported by Salvation Army and Crisis amongst others. The campaign has over 50,000 signatures so far calling for section 21 to be scrapped.

No-fault evictions

Section 21 evictions, also known as no-fault evictions, are used when a landlord needs the property to be vacated for any number of reasons at the end of tenancy agreement. These can include the following, although the section 21 notice does not require any rationale for a notice to be served:

  • Wanting to sell the property
  • Wanting to move into the property themselves
  • Wanting to renovate or extend the property

Landlords

For landlords section 21 notices are necessary as it gives them the ability to regain possession of their property at the end of the tenancy agreement without the need for justification.

When there are reasons for repossession before the end of the contact the only way they can do is with a section 8 eviction notice where they’ll need a reason such as rental arrears.

Lack of social housing

The real issue appears to be the lack of social housing because, if there were enough social housing available for tenants there would not be such reliance placed upon on the private rental sector and therefore there would be more stability for those that rent.

The current situation is that the affordable housing supply is low, whilst right-to-buy gave people the financial incentive to own their own property, the government hasn’t been replacing these properties.

This, in turn, has meant that those who would have been able to live in council housing have had to enter the private rental market, this has left landlords inundated with the type of tenants that may be reliant on benefits, that may be vulnerable or have any number or other issues making the private rental sector not the most appropriate solution, but without the available social housing it is the only solution.

Contact The Sheriffs Office



Comments

Mike

11:06 AM, 7th September 2018
About 2 months ago

What the landlords want from their tenants:
1. Be good and reasonable behaviour, anti-social behaviour is no longer acceptable to anyone these days. be a good to their neighbour and not become nuisance.
2. respect all the terms of their tenancy, such as not start a business from home, not bringing in prohibited things like pets and other animals, etc and start altering decor without the landlord's written permission, all the normal rules.
3. treat the property with respect and not start damaging it.
4. misuse the terms and start to sub let it or use it for illicit purpose etc
5. pay rent on time, which is indeed quite important.
6.report any incidents and problems to landlord even if minor.
7. follow every rule and be reasonable in every aspect with the landlord, solve any issues amicably, problems do arise, they need time to resolve as nothing is fixable instantly. Allow landlords reasonable time to fix issues, and cooperate with landlords or his agents by allowing reasonable access etc to fix issues.

I can't see there would be any reason to for landlords to issue a S21, all we want is good long term tenants, who respect and look after our property and pay us rent on time, what more do we need?

S21 is only reserved as a last resort where a tenants keeps behaving badly and keep defending S8 by blaming landlords for the issues they cause. Such as damp and mold, misuse of property, poor ventilation, not heating the property enough and drying clothes inside, too lazy to maintain property in a good state, not keeping it clean, start piling up rubbish, hording stuff and so on. we don't want our property becoming a rubbish tip or start suffering damage from the way some irresponsible tenants may abuse our life long investment, this is where we can use S21 as they won't be able to argue in a court that they have a human right to start piling up rubbish in the garden, and that they pay rent on time, or that they have young children and their education may suffer, indeed then be responsible and behave appropriately as normal families do.

Michael Barnes

18:08 PM, 7th September 2018
About 2 months ago

Reply to the comment left by Mike at 07/09/2018 - 11:06
I don't want number 4.

Old Mrs Landlord

23:13 PM, 7th September 2018
About 2 months ago

Reply to the comment left by Michael Barnes at 07/09/2018 - 18:08
Quite agree; what landlord would want that? I assume your post was ironic. I expect most readers assume that Mike intended the words "not to..." to be understood at the start of number 4, but it would have been much better if he had inserted them.

Mike

1:01 AM, 8th September 2018
About 2 months ago

Well spotted Gentlemen, replace 4 by "or" and continue as extension of 3.
alternatively rephrase 4 as "Not to misuse the terms and start to sub let it or use it for illicit purpose etc.
shame I cannot go back to edit😢

Another thing I would like to add, it is not often the landlords who want to serve S21 no fault possession, many lettings agents used it to benefit from doing so as they could charge new tenants for setting up a new tenancy and as well as charge landlords for setting up one, I personally experienced this and asked my lettings agent that please next time find me long term tenants as i am not happy to pay setting up fee every blooming 6 months!

Old Mrs Landlord

6:38 AM, 8th September 2018
About 2 months ago

Reply to the comment left by Mike at 08/09/2018 - 01:01
It's not only agents who instigate S.21s, Mike, I'm reliably informed some tenants ask for them as a way of ensuring priority on council housing lists, although I've never experienced this myself.

yew tree

9:33 AM, 8th September 2018
About 2 months ago

the salvation army
across the road from where I live is a two bedroom bungalow that has been empty for over a year that's right over a year
it belongs to the salvation army
I and others in our road have been getting on to army because
of the state its in after being left EMPTY for so long
bungalow is in Kingskerswell, Devon
in the past it has had some great tenant's in

Mike

12:26 PM, 8th September 2018
About 2 months ago

Reply to the comment left by Old Mrs Landlord at 08/09/2018 - 06:38
Indeed old Mrs landlord, been through the same, when a single parent tenant started to cohabit with her new boyfriend, the local council HB found out as someone she knew shopped her in due to jealousy, she stopped getting her HB and I stopped getting my rent, so i went to see her, asked her if she was having difficulties then I was prepared to reduce her rent by £100.00 per month from £400.00, but she said no she will still not be able to afford this, and so i went one step further and offered to lower it further to £200.00pcm, she said no she will definitely not be able to afford even that, so i looked deeper into her eyes, and asked so really what you are saying is to serve you a notice and take you to a court , she replied yes, that is what I want, that is what her council has told her to sit tight until I start evicting her, so I went straight to a solicitor and asked him to serve her a notice under S21 and start court proceedings, that cost me a fair amount but she went owing me 5 months unpaid rent!
I think we should retaliate against local councils advisors and start advising people to stop paying taxes and council taxes and claim benefits, and advise them how they can do so. People who have nothing, they have nothing to lose, only us who tried to see our retirement as a less or no burden on to our welfare state are being penalised.

Old Mrs Landlord

15:27 PM, 8th September 2018
About 2 months ago

Reply to the comment left by Mike at 08/09/2018 - 12:26
No doubt about it, we're mugs and many of us a soft touch too, trustingly falling for a sob story only to find ourselves the loser. At least we can hold our heads high in the knowledge that we have contributed rather than been a drain on society.

Michael Barnes

16:50 PM, 8th September 2018
About 2 months ago

Not paying rent in order to get evicted and gain council housing is a dangerous game for tenants to play: if landlord uses S8G8, then council likely to deem tenant intentionally homeless and therefore council does not have a duty to house the tenant.
Also, I have heard that if tenant says they want a S21 to get council housing and landlord agrees, then landlord and tenant are committing an offence (not sure what, but possibly conspiracy to defraud).


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Pragmatic and straightforward commercial approach

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More