Seething Landlord

Sorry, I am not familiar with the nuts and bolts of HMO management and tenancy agreements but in circumstances where it is not appropriate for the tenant to pay council tax direct to the billing authority I imagine that landlords should treat it in the same way as any other overhead cost and adjust the rent accordingly.... Read More

You have misread the Act. The schedule lists the categories of payment that a tenant can be required to make. If you read the whole of the schedule you will realise that your interpretation makes no sense. Paragraph 8 simply means that a requirement for the tenant to pay council tax to the billing authority (not to the landlord) is permitted.... Read More

In this case it is a payment to the landlord, not to the billing authority.... Read More

It's all smoke and mirrors. S21 is not and never has been the cause of homelessness but to admit that does not suit the agenda of the propagandists.... Read More

All property that sells is "affordable", except in the eyes of politicians who have invented their own definition that denies reality.

What is lacking is low cost housing, which can only be provided when heavily subsidised by local or national Government i.e. the taxpayer.... Read More

Why do you think that a guarantor cannot be required?... Read More

That is an example of abuse of the system by the tenant, which will be addressed in one of the new S8 grounds unless the opposition get it struck out. You could however have proceeded under the current ground 10(?) if there were persistent delays in payment, although that is a discretionary ground so S21 was probably the better choice.... Read More

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S21 is good law, used badly (by landlords) who have consistently abused the process rather than use S8 when there are valid grounds.... Read More

It's not "just information". It would be an unsubstantiated public allegation which the tenant would have no opportunity to challenge.

The idea is nonsensical.... Read More

You can't just make allegations in court proceedings without producing evidence in support, which would defeat the whole rationale for S21 and what are you going to do if the tenant challenges what you have said? If you want the reason to be known use S8, you can't have your cake and eat it.... Read More

How can you have a "no reason given" ground for possession and at the same time require that the landlord gives a reason? It's a contradiction in terms.... Read More

"He added: “We see far too many financially vulnerable private renters who should be in socially rented homes,"
That's the nub of the issue, supporting the financially vulnerable needs to be seen as the responsibility of society represented by government, not private landlords.
I see that rents are described as extortionate, with no recognition that rents are the product of a combination of return on investment based on the value of property, cost of finance, regulation and taxation, coupled with compensation for risk and balance between supply and demand.
Bodies calling for more protection for tenants never seem to understand that additional cost and risk for landlords will always generate increased rent and a reduction in supply.... Read More

Nobody has mentioned that the Courts budget is to be restricted. Where does that leave the pledge that S21 will not be abolished until the Court process is fit for purpose?... Read More

It looks as though those who switched from normal tenancies to FHLs to avoid the impact of S24 are going to find that they jumped out of the frying pan into the fire.... Read More

Introduction of the right to buy was undoubtedly a brilliant piece of social engineering in its day and whilst good for those who are able to benefit from it the other side of the coin is that it has also dramatically reduced the availability of council housing. It continues to be a severe obstacle to building new council housing and is probably also responsible, at least to some extent, for the sense of deprivation and entitlement displayed by Generation Rent. Prior to its introduction a significant proportion of the population were content to spend their lives in secure rented accommodation provided by the Council but RTB changed all that. We now have a generation that is characterised by resentment because they missed out on what was only ever going to be a one-off opportunity for those lucky enough to be able to take advantage of it.

I was not aware that Angela Rayner had committed to abolishing the right to buy but if she has, that would be a positive step towards encouraging local authorities to start building and accommodating those who should never have become the "responsibility" of the PRS.

My fear is that a Labour government might move in the opposite direction by extending RTB to the PRS.... Read More

No, his main point is that tenants are being evicted because they cannot or will not pay increased rent, which he regards as unfair.... Read More

"If rents weren’t affordable, the market would adjust. They may not be affordable to some people."

Absolutely, and the same applies to house prices.

Homes that are unaffordable to those who do not have the resources to buy or rent in the open market can only be provided by Government or charities, whether direct or by subsidy e.g. housing benefit, help to buy, grants to Housing Associations etc.... Read More

You need to read the opening clauses of S21, which clearly speak of the fixed term tenancy coming to an end:

"on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—
(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than [F1an assured shorthold periodic tenancy (whether statutory or not)];

The fact that a periodic tenancy comes into existence immediately does not mean that the original tenancy has not ended.... Read More

Best to focus on what he's actually saying: "Mr Harris told the news site: “It’s fundamentally unfair. In a cost-of-living crisis twist, lots of landlords see their rates going up and decide to raise the rent or are pulling out of the market altogether and sell the property.

“We’ve seen numerous cases where rent has gone up significantly and people cannot afford it.”

He continued: “A lot of landlords are re-letting at a high rent so it’s really difficult to find a property at affordable rent."

All that he says here is true. It's the assertion that it's unfair that is nonsensical.... Read More