Use of Section 21 evictions in the PRS – Debate

by Property 118

15:23 PM, 21st November 2018
About 2 years ago

Use of Section 21 evictions in the PRS – Debate

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Use of Section 21 evictions in the PRS – Debate

On 6 December 2018, there will be a Westminster Hall debate on the Use of section 21 evictions in the private rented sector. The debate is scheduled to start at 1.30pm and the Member sponsoring this debate is Karen Buck MP.

The Library will produce a briefing or material for the debate and this page will be updated when it is made available. You can be notified when this takes place by emailing papers@parliament.uk

House of Commons Library



Comments

Annie Landlord

11:52 AM, 22nd November 2018
About 2 years ago

Reply to the comment left by Ian Narbeth at 22/11/2018 - 11:32
The website was built in 2018. There is no 'About Us' button so I would be interested to know who set the association up. Its obviously all very new.

Sue Twyford

12:48 PM, 22nd November 2018
About 2 years ago

I totally empathize with Lord of the Manor as I find myself wrestling with a system seemingly weighted against the landlord. Having endured the protracted process of securing a S21 possession order and judgment for arrears, I am now preparing for the bailiff route which means further delays and more expense (and more rental losses) while the tenant sits tight. Interesting that these people are not charged with Contempt of Court when a judgment is awarded and ignored.

So my question is this: is the judgment by the County Court which included awarding arrears at that date considered to be a CCJ, or is that another route I now have to follow in addition to the bailiffs?

LordOf TheManor

12:51 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by tony jackson at 22/11/2018 - 08:38
Hi there
The RGI policy and the buildings insurance is both with AXA. Sold to us by RS Insurance, Weston super Mare.

Avon and Somerset Police attended the following day. While visibly shocked at what they saw, they told us there was nothing they could do. It's not a crime in their eyes - which included the remains of a cannabis farm.

The buildings insurers are now sending a loss adjuster out on Monday. Everything is on hold until then.

Luke P

13:14 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by Sue Twyford at 22/11/2018 - 12:48
No, that is a Possession Order you have, not a CCJ. You could do a Money Claim Online for that. How long is the wait time for the CC Bailiffs? Perhaps consider a Transfer Up (subject to permission) to the High Court...you can use Sheriffs then, who have a considerably reduced wait time.

LordOf TheManor

13:30 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by Annie Landlord at 22/11/2018 - 10:50
Hi Annie
The tenants were fully employed when they moved in October 2016 and were the perfect tenants for over a year, always paying on time and the house was immaculate.

Unbeknown to us the tenants had a change of circumstance and applied for council tax top-up. What they should have been advised to do or should have done themselves anyway is move to a smaller property. Turns out the new job was half the salary of the original one. Not that we were told... plus we had no idea the tenants were being 'topped up' by the Council. It's not our business, according to them.

As soon as the tenants defaulted our first port of call was to the Council Office in person armed with the AST. We had no idea whether they were claiming or not. We told the clerk we hadn't received rent for 2 months and if these tenants were claiming benefit, we weren't seeing any of it. The clerk told us they were in receipt of some benefit - so we were able to suspend their claim while the proof of non-payment was looked into. The tenants found out about 2 weeks later when they asked the Council why their housing benefit hadn't be paid. (We got a colourful text with their reaction to the news).

The tenants had planned on squandering the top-up, not expecting the Council to pay us direct. They weren't happy and became revengeful. That was April this year and notices were served on them.

Thereafter we got their top-up payment direct and the RGI has paid us the missing two months (£2,400) and the large rent shortfall until eviction last week. Best £100 spent this year by far.

The lesson here is to make a quick march to your Council offices as soon as your tenants miss their second rent payment - to stop any benefit being squandered thereafter. Then hope to get them out ASAP.

John Walker

15:18 PM, 22nd November 2018
About 2 years ago

I seem to recall the name Karen Buck MP having appeared in 118 post on a previous occasion. Possibly not a lady to allow to go unchallenged on any forum.
I trust Larry or his nominee will be present to represent the case for LLs, or maybe someone from 118.com. Preferably both.

Ian Narbeth

16:00 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by LordOf TheManor at 22/11/2018 - 13:30
You were fortunate the Council disclosed information to you. Probably a breach of GDPR. It's a shame your tenants' attitude changed but your going straight to the Council may have annoyed them.

Sue Twyford

17:40 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by Luke P at 22/11/2018 - 13:14
Hi Luke - thanks for your response/input on Possession Order vs CCJ. The judge did not award a section 42 at the Hearing (according to my advocate only issued in very special cases), therefore only CC bailiffs can be instructed, and depending on waiting time could be 6 weeks or so. Interestingly, courts cap possession costs at £481.75 on the basis that tenants won't be able to afford the real legal costs - despite the fact that they are probably sitting on several thousand pounds of accumulated unpaid rent. Ah well, just a little drop-stitch in that tapestry of life!

I'd better start filling out some more forms........

Luke P

17:58 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by Sue Twyford at 22/11/2018 - 17:40I have never had one refused. Requested perhaps 25 in the last few years.

Whereabouts in the country are you? South I’m guessing?

LordOf TheManor

18:29 PM, 22nd November 2018
About 2 years ago

Reply to the comment left by Ian Narbeth at 22/11/2018 - 16:00
Not sure about that, Ian.... If the Council didn't play ball they would have been guilty of allowing the misappropriation of government funds to continue. They actually knew exactly what to do: they didn't just take our word for it, not one bit. The benefit was suspended immediate but then it had to be followed up with evidence our end: bank statements, requests for payment and evidence of action taken (i.e. the issuing of the Section 8 paperwork).

When they got all that from us, they then asked the tenants for proof of their rent payments. The onus was very much on us to be proactive and it took around 6 weeks to get any money out of the Council. They had warned us about the wait though.

Our going to the Council.... well it shouldn't have annoyed them! Due to their circumstances, we hired a professional negotiator to present them with a variety of options that they could have chosen to take up and been on their way in peace.

We even found alternative accommodation available for them! Both places were within a 3 mile radius and we emailed the Council with the details when the tenants refused to consider what they were offered. Their view was that they had an entitlement to stay where they were - even though the house was bigger than they needed and more expensive than they could afford.

Tried - we did, including the £800 spend on the professional negotiator. Going to the Council happened.... when all else failed. If anyone had a 'right' to be annoyed, it wasn't the tenants!!

Lord

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