What Section 8 Notice improvements are soon to be required?

What Section 8 Notice improvements are soon to be required?

14:45 PM, 28th April 2022, About a month ago 11

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Section 8 Notices seem to lack substance currently, with mandatory and discretionary grounds for possession.

With the likelihood of Section 21 Notices becoming a thing of the past, what measures would you put in place to make Section 8 Notices more robust?

This is extremely important given that this could potentially provide one of very few means for landlords to gain possession of their properties should the “No-fault notice” be banned.

Most landlords and agents know that good tenants are not given notice without very good cause or out of necessity. Unfortunately, that line is not a vote winner and not what the media wants to report.

If we accept the proposed changes we need assurances that the alternative is fit for purpose.

Angela



Comments

by Helen

21:02 PM, 28th April 2022, About a month ago

It's a very interesting question and I recently checked the Section 8 grounds for possession. One thing I noticed is that we can gain possession if we want to do major renovations. This would mean we could evict in order to do the works required to bring the property up to EPC standards when they are raised. In this case we have to give a 'reasonable sum' for the tenant's removal costs. We could therefore in theory evict the tenant and then 'discover' that the works are not financially feasible and thus then sell the property, live in it, or do as we wish. It could be a loophole to enable me to sell as I can't afford the renovation costs to raise my flats from D to C and I want to retire anyway.

by David Price

8:59 AM, 29th April 2022, About 4 weeks ago

For a start any mandatory ground should not require a court appearance, it shoud be a paper hearing. Ground 8 (more than two months arrears) is a prime example.

by Jason English

9:28 AM, 29th April 2022, About 4 weeks ago

I don't think they should scrap section 21 notices for landlords with property in their personal name, however if the property is owned by a limited company etc.. then it should be abolished.

by Jo Westlake

9:39 AM, 29th April 2022, About 4 weeks ago

Section 8 needs to be swift and certain for removing rogue tenants. Not a maybe if the judge is in the right mood concept.
Rent arrears are easy to prove now everything is paid by Standing Order, Direct Debit or online bank transfer. Gone are the days of hiding behind the sofa when the rent collector was due or the dog eating the rent book. Even if a tenant can't afford the full payment on the correct day due to the very strange way UC payments are made or an unexpected emergency they can pay something and keep arrears as low as possible.

Anti social behaviour also needs swift eviction. It can be difficult to prove due to fear of reprisal so thought needs to be put into the balance of suitable proof and the communities right to live in a safe, peaceful environment.

by David Price

9:53 AM, 29th April 2022, About 4 weeks ago

Reply to the comment left by Jason English at 29/04/2022 - 09:28
Please explain the logic behind this comment.

by Northernpleb

11:33 AM, 29th April 2022, About 4 weeks ago

A section 8 notice for proven rent arrears should and is supposed to be a mandatory Ground. However the system encourages the tenant to falsify statements to prolong the process and run up fees for Landlords whilst obtaining for free all of the unlimited resources of the Local Authority , and the Government whilst running up massive costs for the Landlord.

by Seething Landlord

12:59 PM, 29th April 2022, About 4 weeks ago

You say "if we accept the changes" as though we have some choice in the matter. We don't, government are committed to the repeal of S21 regardless of what we think or say.

They have previously indicated that S21 will continue to be available for existing tenancies and that provision will be made for landlords to regain possession if they wish to sell their property. The big issue is how to deal with antisocial behaviour and with the best will in the world I cannot see government making it easy or straightforward for a tenant to be evicted for this reason without significant evidence in support, so extreme care in the selection of tenants is likely to be the only safeguard that remains.

by Helen

23:22 PM, 30th April 2022, About 4 weeks ago

A thought. Without Section 21, how will tenants proceed who need to be evicted in order to get a Council place? If they leave via Section 8 they will be seen as voluntarily homeless by not paying rent or being disruptive etc. How can they not be voluntarily homeless without a 'no fault eviction' and I hate using that phrase.

by David Price

6:17 AM, 1st May 2022, About 4 weeks ago

Reply to the comment left by Helen at 30/04/2022 - 23:22
The loss of S21 will have consequences for both landlord and tenant, but sadly more for the benefit tenant than any other. Landlord taxation has raised rents beyond the financial capabilities of most benefit claimants, the loss of S21 will I would suggest more or less eliminate any possibility of taking such tenants.

by JB

9:03 AM, 9th May 2022, About 3 weeks ago

Reply to the comment left by Helen at 30/04/2022 - 23:22
Helen. I think your post could be a reason why secton 21's are being abolished:

'Without Section 21, how will tenants proceed who need to be evicted in order to get a Council place? If they leave via Section 8 they will be seen as voluntarily homeless by not paying rent or being disruptive etc. How can they not be voluntarily homeless without a 'no fault eviction' and I hate using that phrase.'

it will take pressure off councils to provide homes and put it on Landlords.

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