Theresa May announces she will ban section 21

Theresa May announces she will ban section 21

7:41 AM, 15th April 2019, About 3 years ago 89

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Prime Minister, Theresa May, has announced she plans to ban the use of Section 21 or what is termed as so-called ‘no-fault evictions’ in England.

The PM said: “Everyone in the private sector has the right to feel secure in their home, settled in their community and able to plan for the future with confidence.”

“But millions of responsible tenants could still be uprooted by their landlord with little notice, and often little justification.

“This is wrong and today we’re acting by preventing these unfair evictions. This important step will not only protect tenants from unethical behaviour, but also give them the long-term certainty and the peace of mind they deserve.

“Landlords will still be able to end tenancies when they have legitimate reasons to do so, but they will no longer be able to unexpectedly evict families with only eight weeks’ notice.”

Communities secretary James Brokenshire said:

“Government was making the biggest change to the private rental sector in a generation. By abolishing these kind of evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves not have it made for them. Evidence showed that so-called Section 21 evictions were one of the biggest causes of family homelessness.

“And this will be balanced by ensuring responsible landlords can get their property back where they have proper reason to do so.”

A Ministry of Housing spokesman said: “Court processes will also be expedited so landlords are able to swiftly and smoothly regain their property in the rare event of tenants falling into rent arrears or damaging the property meaning landlords have the security of knowing disputes will be resolved quickly.”

Shadow Housing Secretary John Healey cautiously welcomed the Tory proposals, but said they:  “Won’t work if landlords can still force tenants out by hiking the rent. For nine years, the Tories have failed to tackle problems facing private renters.

“Tenants need new rights and protections across the board to end costly rent increases and substandard homes as well as to stop unfair evictions.”

NLA Chief Executive, Richard Lambert, said: “Landlords currently have little choice but to use Section 21. They have no confidence in the ability or the capacity of the courts to deal with possession claims quickly and surely, regardless of the strength of the landlord’s case.

“England’s model of tenancy was always intended to operate in a sector where Section 21 exists. This change makes the fixed term meaningless, and so creates a new system of indefinite tenancies by the back door.

“The onus is on the government to get this right. It’s entirely dependent on the government’s ability to re-balance the system through Section 8 and court process so that it works for landlords and tenants alike. The government should look to Scotland, where they reformed the court system before thinking about changing how tenancies work. If the Government introduces yet another piece of badly thought-out legislation, we guarantee there will be chaos.”



Comments

by Rod

11:36 AM, 15th April 2019, About 3 years ago

Now that I've got over the shock, surely it's all quite harmless. When a 6 month shorthold comes to an end the tanancy has finished or goes periodic therefore no problems with evictions if needed?

by Luke P

11:39 AM, 15th April 2019, About 3 years ago

Reply to the comment left by Rod at 15/04/2019 - 11:36
They will be removing the 'shorthold' element of ASTs. How can you not see that, Rod? This is more than devastating. It's not simply a minor tweak that you have suddenly found a quick 'technicality workaround' for.

by Mike

11:44 AM, 15th April 2019, About 3 years ago

Mrs may, do me a favour please, step down now, do yourself a favour instead of getting more humiliated, do you know what will happen if you took Section 21 ? we will not take on risky tenants with even slightest hint of badly behaved tenants, but what you can do is abolish some of the red tape against landlords, get rid of the requirements for Court bailiffs for eviction, once a Court has granted possession order, which comes after months of giving correct notice to tenants and then followed by a long Court hearing date often as long as another 8 weeks, followed by a further period of notice to the tenants and when they still don't go we have to go back to the courts to get warrant of possession, which means bad tenants on the whole takes about 6 to 8 months to finally get rid of.
Mrs May, please know this, we landlords love good responsible tenants, who pay their rents on time, and look after our property and obey all the tenancy rules, and we hope they will stay in our property for as long as they want, what more do we want? We sure need Section 21, for those piss taking tenants just like the present Government is taking the piss, it cannot even grapple with evicting Britain from Europe, so now imagine if you had a European section 21, your life and your job would be a lot less stressful wouldn't it Mrs May? You could have your cake and eat it. So please do yourself a favour and resign and bring on early elections, please go before we have to call the bailiffs.

by Rod

12:13 PM, 15th April 2019, About 3 years ago

I'm a very confused man! At risk of repeating myself, surely when a tenancy contract has ended (eg 6 mth s/hold) the tenancy has legally finished? Is it all meant to be a 'grey area' to skirt round? Errr!

by Appalled Landlord

12:22 PM, 15th April 2019, About 3 years 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

(That 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.

by Simon Williams

12:40 PM, 15th April 2019, About 3 years ago

Reply to the comment left by Rod at 15/04/2019 - 12:13
As I understand it, fixed terms are going to be abolished entirely as they have been in Scotland. Tenancies will be open-ended from the very start. This change is therefore far more radical than what the government originally talked about in its consultation (3 year fixed tenancies with a 6 month each-way break clause).

Of course, it's possible there may be a partial climb-down by the time legislation gets on the statute book, but I somehow doubt it, since no-one gives a s###t about what landlords think.

by Paul T. Guest

12:40 PM, 15th April 2019, About 3 years ago

Reply to the comment left by Paul Shears at 15/04/2019 - 08:58
"So, at best, now, if a landlord needs to sell up, he can't until the contract ends."

You have identified the real problem here - it ought to be normal to sell the rental as a going concern with the tenant in situ. When shareholders want to recover their investment they just sell their shares - they do not usually break up the underlying healthy income-generating business. Why is the property market so different in this respect?

by Appalled Landlord

12:46 PM, 15th April 2019, About 3 years 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/

by Paul T. Guest

12:49 PM, 15th April 2019, About 3 years ago

Reply to the comment left by Rod at 15/04/2019 - 12:13
The tenancy doesn't end, just the guaranteed minimum length. But, especially in London, the "minimum" has been abused and often treated as a "maximum" in order to churn for fees and increased rent, so something has had to be done. Who in their right mind would want to move every six months by choice?

by alan taylor

12:56 PM, 15th April 2019, About 3 years ago

Good morning
Reading the news on section 21 ban, is the proposed new legislation available for review ?
What does the government class as a good reason for for serving notice ?
Would selling your rental property constitute be a good reason ?

Being responsible landlords with a small portfolio of 9 properties, all These changes are worrying


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