8:47 AM, 10th December 2021, About 2 years ago 13
In a recent letter to all MP’s, landlords have pointed out the potential unintended consequences of a proposed change to the law intended to ‘enhance the rights of those who rent‘.
Tenants’ groups have been lobbying Government for some time to get the Section 21 ‘no fault’ eviction notice revoked, claiming it is unfair to tenants’ security of tenure. After this sustained pressure, Government have indicated they will acquiesce to this demand, trailing a new White Paper, and Bill due next Spring where, among other matters, they propose to remove the Section 21.
On behalf of landlords, iHowz Landlords’ Association have told MP’s that it was the introduction of the Section 21 in 1985 that aided a doubling of tenants in the Private Rented Sector over the past 35 years. Government, Councils and Housing Associations have been happy to allow this trend – even though it has been their responsibility to house tenants, especially socially disadvantaged tenants – leaving private landlords to house people, at the landlords’ risk.
iHowz go on to say that if the Section 21 is removed, only tenants with impeccable references will be offered accommodation, and there is a real danger of many not being able to find a home, especially socially disadvantaged, and vulnerable tenants. The social system would not be able cope with this and would risk being overwhelmed. Consequently, this proposed change will impact the very people it proposes to protect – tenants.
Recognising that the existing notice period is unfair to longer term tenants, iHowz propose a sliding scale of notice periods – whereby the Section 21 would be a 2 month notice for new tenancies (as at present) but would increase to become a 6 month notice where a tenant had been in occupation for more than 4 years.
Additionally, iHowz are also proposing that tenancies of more than 2 years would attract the ability to have the last two months of the tenancy rent-free where a landlord regains possession using Section 21, thus allowing the tenant to save funds for a potential new tenancy, or even to buy.
Both these proposals taken together would result in far more security of tenure for longer term tenancies, and the landlord would be safe in the knowledge that they were guaranteed to get back the properties they own.
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