Section 21 ‘no-fault’ evictions are ‘fundamentally unfair’

Section 21 ‘no-fault’ evictions are ‘fundamentally unfair’

9:41 AM, 21st February 2024, About 2 months ago 25

Text Size

Using section 21 ‘no-fault’ evictions to remove ‘model tenants’ in a court of law is ‘fundamentally unfair’ and will ‘get worse’.

That is the opinion of Simon Harris, the chief executive of Citizens Advice Staffordshire North and Stoke-on-Trent, who spoke to Stoke-on-Trent Live about the latest data on ‘no-fault’ evictions.

He said: “It’s something we’re very concerned about. It’s the vast majority of eviction cases that we see.

“The problem is, if a private landlord followed the correct legal procedure, there is no defence.”

He added: “You can be a model tenant, pay every month, look after the property and not upset your neighbours but if a landlord decides for whatever reason they want you out, there’s nothing you can do.”

‘It’s fundamentally unfair’

Mr Harris told the news site: “It’s fundamentally unfair. In a cost-of-living crisis twist, lots of landlords see their rates going up and decide to raise the rent or are pulling out of the market altogether and sell the property.

“We’ve seen numerous cases where rent has gone up significantly and people cannot afford it.”

He continued: “A lot of landlords are re-letting at a high rent so it’s really difficult to find a property at affordable rent.

“No-fault evictions is a problem we can only see getting worse.

“The number of private tenants has gone up significantly – it’s the primary housing solution for people, it’s not a temporary stop gap anymore.”

‘Evict tenants using a section 21 notice’

Mr Harris was responding to new Ministry of Justice data showing that landlords in England started 8,399 court proceedings between July and September to evict tenants using a section 21 notice.

He says that this is the most common type of eviction that Citizens Advice in Stoke deal with and court proceedings to evict 40 tenants were started between July and September.

A Government spokesperson said: “Our landmark Renters (Reform) Bill offers better protections for tenants and gives them greater security than ever before to challenge poor conditions in their homes. We are abolishing section 21 ‘no-fault’ evictions and redressing the balance between landlords and tenants.”


Share This Article


Comments

Paul Essex

9:00 AM, 21st February 2024, About 2 months ago

Do these idiots really believe landlords should be forced to rent at a loss. High rents reflect higher and ever increasing costs.

Cider Drinker

9:36 AM, 21st February 2024, About 2 months ago

Section 21 may well be unfair. Not to worry, Gove says it’ll be banned by the next election.

Then, tenants will be evicted via Section 8 and the reason will be available. It may be for rent arrears or antisocial behaviour or it may be for one of a number of ‘no fault’ grounds catered for under Section 8.

The CAB should invest some time into finding out WHY landlords (who NEED to attract and retain model tenants for their businesses to be viable) would issue a Section 21 Notice.

I assume disgruntled tenants (that have received a Section 21 Notice) turn to the CAB and claim that they are model tenants when the truth may be somewhat different.

When Section 21 is abolished and the courts are running smoothly and efficiently, what will the various campaign groups campaign for? There work will be complete.

graham mcauley

10:14 AM, 21st February 2024, About 2 months ago

This amuses me Simon Harris

Have you ever wondered why section 21 is used and not section 8 ??
have you any clue?? have even bothered to find out??

obviously not, otherwise you would not make silly comments

proof you have not lol

Correct, if it is my house and I wish to sell it, OR move in to it etc, I CAN DO WHAT I LIKE WITH IT its my property.
I am under no obligation to house people, I only offer a short term solution, where as the government have a legal duty to house people.
DIRECT YOUR STUPITY TOWARDS THEM

Steve Masters

10:16 AM, 21st February 2024, About 2 months ago

Simon Harris says:- “You can be a model tenant, pay every month, look after the property and not upset your neighbours but if a landlord decides for whatever reason they want you out, there’s nothing you can do.”
Firstly, the landlord would be mad to want to evict a model tenant without good reason. The landlord will have a very good reason to evict.
Secondly, the property belongs to the landlord and not the tenant. If the landlord want's his property back and so long as he follows the correct procedures, he should have his property back, whatever the reason.
How about we pass a law that says anyone can fill up their car with fuel but if they don't want to pay for it because it is so expensive, then they can just drive off and the petrol company can't do anything about it. And the driver can fill up again next month for free next month too. After all, everyone should have the right to drive a car, whether they can afford it or not. The petrol companies can pay for it, they've got plenty of money!

Cider Drinker

11:37 AM, 21st February 2024, About 2 months ago

Reply to the comment left by graham mcauley at 21/02/2024 - 10:14
Private landlords do NOT offer short term housing. Assured Shorthold Tenancies last indefinitely (despite the name).

I’d like to see some kind of protection afforded to tenants.

A date when the tenancy may be terminated should be clear from the outset. Tenants should know if they can make the property their home for 6 months, a year, 5 years or forever and the tax system could be modified to encourage longer tenancies. This wouldn’t stop tenants choosing to end the tenancy earlier.

graham mcauley

12:50 PM, 21st February 2024, About 2 months ago

Are you a landlord as its not clear from your name Cider Drinker?

as you say:-

Oh yes we do
each tenant is given a "shorthold" tenancy agreement (clue in the title)

Assured Shorthold Tenancies can only last indefinitely at the landlords discretion not tenants.

It is its in the tenancy agreement, 6 months or 12 months usually.

they have that for the period of time they agreed to let my house.

If a permanent house is required, they should go to the council, they have a duty to provide this... not me

graham mcauley

12:52 PM, 21st February 2024, About 2 months ago

Reply to the comment left by Cider Drinker at 21/02/2024 - 11:37
Are you a landlord as its not clear from your name Cider Drinker?

as you say:-

Oh yes we do
each tenant is given a "shorthold" tenancy agreement (clue in the title)

Assured Shorthold Tenancies can only last indefinitely at the landlords discretion not tenants.

It is its in the tenancy agreement, 6 months or 12 months usually.

they have that for the period of time they agreed to let my house.

If a permanent house is required, they should go to the council, they have a duty to provide this... not me

graham mcauley

12:54 PM, 21st February 2024, About 2 months ago

Reply to the comment left by graham mcauley at 21/02/2024 - 12:50
Are you a landlord as its not clear from your name Cider Drinker?

as you say:-
Private landlords do NOT offer short term housing

Oh yes we do
each tenant is given a "shorthold" tenancy agreement (clue in the title)

Assured Shorthold Tenancies can only last indefinitely at the landlords discretion not tenants.

You say
A date when the tenancy may be terminated should be clear from the outset.>

It is its in the tenancy agreement, 6 months or 12 months usually.

you say
I’d like to see some kind of protection afforded to tenants.

they have that for the period of time they agreed to let my house.

If a permanent house is required, they should go to the council, they have a duty to provide this... not me

Cider Drinker

13:23 PM, 21st February 2024, About 2 months ago

The fixed terms can be 6 months, 12 months or whatever is agreed.

The tenancy ends when a court orders it to end or the tenant leaves.

Yes, I’m a landlord. Your name doesn’t imply that you are a landlord either.

graham mcauley

13:41 PM, 21st February 2024, About 2 months ago

Reply to the comment left by Cider Drinker at 21/02/2024 - 13:23
The fixed terms can be 6 months, 12 months or whatever is agreed.
basically what I said

The tenancy ends when a court orders it to end or the tenant leaves.

no the tenancy actually ends when the agreement ends, or the tenant leaves, a court just enforces

1 2 3

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now