Theresa May announces she will ban section 21

by Property 118

7:41 AM, 15th April 2019
About 2 months ago

Theresa May announces she will ban section 21

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Theresa May announces she will ban section 21

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

Monty Bodkin

17:33 PM, 15th April 2019
About 2 months ago

Reply to the comment left by Heather G. at 15/04/2019 - 17:15
The Scottish system, which keeps being praised by those pushing this drivel, has this criteria;

Landlord intends to sell
1
(1)
It is an eviction ground that the landlord intends to sell the let property.
(2)
The First-tier Tribunal must find that the ground named by sub-paragraph (1) applies if the landlord—
(a)
is entitled to sell the let property, and
(b)
intends to sell it for market value, or at least put it up for sale, within 3 months of the tenant ceasing to occupy it.
(3)
Evidence tending to show that the landlord has the intention mentioned in sub-paragraph (2)(b) includes (for example)—
(a)
a letter of engagement from a solicitor or estate agent concerning the sale of the let property,
(b)
a recently prepared document that anyone responsible for marketing the let property would be required to possess under section 98 of the Housing (Scotland) Act 2006 were the property already on the market.

And also;

The landlord intends to occupy the let property as the landlord’s only or principal home for at least 3 months.

(Note 'intends')

So 3 months would seem likely.

Arnie Newington

19:43 PM, 15th April 2019
About 2 months ago

Reply to the comment left by paul robinson at 15/04/2019 - 11:33
In this situation in Scotland one person couldn’t end the tenancy all tenants would need to give notice.

Arnie Newington

19:45 PM, 15th April 2019
About 2 months ago

Reply to the comment left by Andrew Hammond at 15/04/2019 - 08:42
In Scotland you can evict if the tenant is late three months in a row.

Arnie Newington

19:52 PM, 15th April 2019
About 2 months ago

Reply to the comment left by AJ at 15/04/2019 - 10:54
The new tenancy has pushed up rents in Edinburgh. Rent control is not currently in place but tenant groups are calling for it to be introduced.

The new tenancy regime will cause an affordability crisis that will lead to rent controls that will lead to a supply crisis.

It has happened in Stockholm were the waiting time for a rent control house is 13 years and there is a black market in sub let housing.

Arnie Newington

19:55 PM, 15th April 2019
About 2 months ago

Reply to the comment left by alan taylor at 15/04/2019 - 12:56
In Scotland selling is a reason for getting your property back.

Arnie Newington

20:03 PM, 15th April 2019
About 2 months ago

Reply to the comment left by Ian Narbeth at 15/04/2019 - 16:57
In Scotland options 1 and 2 would be grounds for repossession. Option 3 would not be grounds for repossession.

The three main differences since the legislation have been brought in are:

1 Tenancies ending shortly after they begin.
2 Student tenancies starting in June rather than September.
3 Very difficult to gain repossession for anti social behaviour.

Mike

22:59 PM, 15th April 2019
About 2 months ago

If I am not wrong, quite a large proportion of section 21 Notices were issued to tenants by lettings agents to beef up their profits by charging setting up fees, it was to their beneficial to give one set of tenants notice after their short term (6 months) tenancy comes to an end and offer them another place on their portfolio, e.g. move one set of tenants from portfolio A to portfolio B and issue S21 notices to both, then move tenants B to A and A to B, earning twice or even quadruple the amount of setting up fees, when I used lettings agents, they used to change my tenants every bloody 6 to 8 months and deducting setting up fees and increasing rents as well, so I asked them to find me only long term tenants, not only were the tenants being charged for this but even I was charged for this setting up fee, I am so glad that the Deregulation rules have stopped this nonsense, all lettings agents should cover or accomodate all the running costs of their business or setting up costs through their commission they charge on rent collected. I am sure lots of S21 notices would become extinct as lettings agents are going to be banned for making this charge.
Of course many good landlords are the victim of both bad tenants and bad lettings agents, it is rarely the other way around. The government should wait to see the impact of Deregulation Act on S21 Notices as it should reduce the number of notices issued for no reason other than shear greed of lettings agents or some landlords who may change a set of tenants for more rent being offered by new tenants.

Monty Bodkin

23:06 PM, 15th April 2019
About 2 months ago

Reply to the comment left by Mike at 15/04/2019 - 22:59
If I am not wrong, quite a large proportion of section 21 Notices were issued to tenants by lettings agents to beef up their profits

You are wrong.
It was a tiny proportion compared with those issued for rent arrears.

bob the builder

0:34 AM, 16th April 2019
About 2 months ago

I am so sick & tired of this Marxist country with it's headlong dive into Communism, I have been in the business for 20 years and all I want to do now is get out and buy my one ticket out of the UK never to return; where will all my Tenants live after I sell up - I don't know & I don't care anymore...oh and just so you know I just let a new place and it was the ONLY one in that postcode area on Rightmove and it went in 5 days for full price which was £100 pcm more than this time last year.

Mike

0:50 AM, 16th April 2019
About 2 months ago

Or you could evict the tenants whilst you can using S21, use it as your second home, or occupy one room for yourself as if its your main home, tell the tenants that you will be away most of the times because of your job and so let them know they are lodgers, with limited rights, not tenants, so rent out the rest of the rooms to them sharing kitchen and bath with you, be at a little lower rent to lodgers, you can then come and go as and when you need, if they are no good tenants just give them two weeks to go, no need for section 21 or Section 8.

Don't worry we will find way around it. we also know how to defend our interest without having to wear yellow protest vests. Let us not be treated like animals. We are not up for a slaughter yet.

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