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11:20 AM, 5th January 2024, About 4 months ago 13
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One of the big issues for the ‘housing crisis’ is that so many groups, commentators and tenants welcome the abolition of Section 21 as a panacea.
But I have yet to meet a landlord who actually believes that removing section 21 would make things better.
I mentioned in a recent column that s21 isn’t a ‘no-fault’ process that implies the poor tenant hasn’t done something wrong to be evicted but is an eviction process without a reason being given.
I am all for removing this tool IF there is a way to remove tenants from a property AND we must give a reason.
Then we will see the same supporters calling for the abolition of section 21 squealing that we are discriminating against tenants for them not paying rent.
I don’t doubt that the number of Section 21 eviction notices has increased in recent years but that is mainly down to jittery landlords wanting to leave the private rented sector.
It doesn’t mean that landlords have become callous overnight without any regard for tenants. It is the opposite.
We have seen again the likes of Shelter use spurious ‘research’ to claim that 74,000 single parents will be made homeless this winter because they have received, or are about to receive, an eviction notice for non-payment of rent. That’s right, let’s blame the landlord.
Or Generation Rent claiming that tenants can’t afford rent either, especially those that claim LHA.
That doesn’t mean that the landlord has created this situation of high rents, lack of choice and low wages – but we always get the blame.
There is a middle ground to be found where rent arrears – such as the mandatory ground for eviction under section 8 – should be a stand alone section with no questions asked because the proof is there. But the process should be as quick as section 21 evictions – indeed, courts should simply rubber stamp any eviction application for proof of rent arrears. This entire process should take no more than a few weeks, rather than the months some landlords are facing.
Evicting for anti-social behaviour has set the bar too high since no-one will make a formal police complaint against such a tenant.
I understand too there are qualms about landlords wanting to evict so they can sell or move a family member in.
The issue here is how that eviction process gets monitored. Councils don’t even check properties with selective licences.
At least Michael Gove is slowly understanding that the courts are overwhelmed and won’t cope with a huge jump in landlords wanting to evict so they can sell.
As landlords we are also aware of the issue of tenant affordability in the face of rising bills – but landlord bills rise too.
Are critics saying that we should be subsidising tenants?
Wages are rising but so is everything else and there’s probably a need for the minimum wage to have a big increase to help poorly paid tenants.
We also need to appreciate that the ‘housing crisis’ has been created by the government.
Dishing out work visas like confetti, not building enough homes and needing lots of places for illegal immigrants to live in.
And is anyone else fed up with councils searching for properties to house Ukrainians and Afghans?
As a nation, we offer up sanctuary without putting in place the homes for everyone to live in.
And as I keep asking friends who criticise me on immigration: We live on an island that doesn’t grow enough food to feed the population, so how many people should be allowed to live here?
I never get an answer because that means dealing with the realities of what are luxury beliefs – people supporting a compassionate notion without being held responsible for the ramifications.
Until we all accept that there are terrible tenants out there trashing properties, not paying rent and upsetting neighbours there will always be a stand-off.
An effective eviction process will always be necessary, no matter what critics say.
No one is perfect – not tenants, not landlords and not the eviction process.
But we must work with what we have got and when we don’t have an effective and quick way to remove a tenant, then the entire system will collapse as landlords decide the risks of being lumbered with a tenant they can’t evict are just too great.
There is no one-size-fits-all solution, but any proposal that helps landlords to quickly evict tenants when necessary would be better than nothing.
So, I ask, why are we even talking about abolishing Section 21?
Until next time,
The Landlord Crusader
Cider Drinker
10:48 AM, 6th January 2024, About 4 months ago
Excellent article. The nail’s head has been firmly hit.
Remember, many of the Grounds under Section 8 are ‘no fault’ too (it is not the tenant’s fault if the landlord wants to move in or the property is repossessed for example).The Renters (Reform) Bill plans to add another (selling).
Seething Landlord
11:12 AM, 6th January 2024, About 4 months ago
Reply to the comment left by Rod at 06/01/2024 - 10:42Thanks for the explanation but I cannot see it gaining support from government or landlords. Too complicated, too much uncertainty, open to exploitation by rogue landlords and tenants, few landlords would be willing to sacrifice two months rent if they have solid grounds for eviction and the courts are functioning efficiently. There is nothing to stop landlords giving tenants a financial incentive to leave anyway if it suits their purpose. No need to legislate for it.
moneymanager
15:52 PM, 6th January 2024, About 4 months ago
As the clear intention of governments around the world is to strip us of ALL assets, such hurdles are part of that plan, some will survive as did some in the inadequate lifeboats on Titanic, the iceberg IS all government. It's time to stop thinking that old solutions to these times will work, no, it's time for an Alternaive.