Could adding a reason for eviction change landlords’ image?

Could adding a reason for eviction change landlords’ image?

9:52 AM, 18th April 2024, About 8 months ago 30

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Whilst reading about how long it’s taken to reform Section 21 evictions, it occurred to me that if five years ago a “Reason for Eviction” field had been added to the application, we might actually have been able to demonstrate that there were legitimate business reasons why landlords took that route, rather than being perceived as landlords who evict tenants without reason.

Despite the fact that it would cost us, with nothing gained!

Maybe the NRLA could retrospectively canvass it’s members to find out, instead of agreeing with the critics of Section 21.

What do others think about this?

Thanks,

John


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John Frith

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12:47 PM, 19th April 2024, About 8 months ago

Reply to the comment left by Seething Landlord at 18/04/2024 - 21:37
Again, a straw man argument. Who said that the reason logged would be public information? It doesn't even have to be disclosed to the tenant. It's just information recorded to help throw some light on why landlords resort to the act.

Over the past 5 years I've seen public sentiment sour towards landlords and I would say that the use of the phrase "No fault eviction", with it's implication that landlords are unreasonably evicting tenants, has been one of the most damaging. I don't think the NRLA did us any favours by not challenging the inherent misrepresentation the phrase evokes. Everyone in the industry understands that landlords will generally have a "good" reason to use S21, but the public just sees the slander in the spin.
PS I like healthy debate, but dismissing an idea without attempting to understand the other persons point of view isn't helpful.

John Frith

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12:54 PM, 19th April 2024, About 8 months ago

Reply to the comment left by PAUL BARTLETT at 19/04/2024 - 08:51
Well put.

Seething Landlord

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16:00 PM, 19th April 2024, About 8 months ago

Reply to the comment left by John Frith at 19/04/2024 - 12:47There have been a number of surveys carried out to determine the true reasons behind S21 possession claims but the flaw is that the results depend entirely upon the honesty and willingness to comply with the request of the landlord concerned.
Tenants organisations have their own data which they have collected through their surveys and which they claim show sustained abuse of the S21 process by landlords.
Why would an impartial observer believe landlords rather than tenants?
If the alleged reason for the possession claim is not to be publicly disclosed at the time when the S21 is issued, how do you suppose that the information would be collected and are you suggesting that it would be mandatory for landlords to state the reason honestly with penalties if they gave false information?
Landlords claim that a large proportion of S21 claims are due to rent arrears and the obvious response is to inquire why in that case they did not use the appropriate ground under S8, which clearly lays out the extent of default necessary to justify eviction.
The points I have made are not straw man arguments but simply extend the question to consider logically the problems with the proposition.

GlanACC

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18:27 PM, 19th April 2024, About 8 months ago

Reply to the comment left by Seething Landlord at 19/04/2024 - 16:00
I had a tenant who was always in arrears but never 'quite' 2 months, always managed to pay a bit off to take her under the limit - hence that's why I used S21

Reluctant Landlord

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18:57 PM, 19th April 2024, About 8 months ago

Reply to the comment left by TheMaluka at 18/04/2024 - 13:14
that is what the 'new'; S8 will be. Nothing stopping a LL citing a mandatory ground then also ticking a discretionary ground. In fact that can give further reason as to why the mandatory ground is being sought.
Very useful when tenant inevitably sends the S8 to the council to demand help..... as the are now 'at risk of homelessness'.

Reluctant Landlord

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19:01 PM, 19th April 2024, About 8 months ago

Reply to the comment left by Seething Landlord at 19/04/2024 - 16:00they will come to realise that S21 was only used for supposed speed to S8 because the S8 can be contested and has to be proved too.
New S8 means you can list not just the mandatory ground. The judge will focus on this so there is nothing stopping a LL listing the discretionary grounds as a reason for the mandatory ground being used. Nothing has to be contested, and wont need contesting. The mandatory ground supersedes a discretionary one. Allows not just the reason for the possession notice but the actual reasoning behind it too. This could prove very valuable to LL's and damming to T's and in one swift move shaft the pro T groups who like to use stats without qualification as a baseball bat against LL's.

Seething Landlord

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19:03 PM, 19th April 2024, About 8 months ago

Reply to the comment left by GlanACC at 19/04/2024 - 18:27
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.

GlanACC

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21:46 PM, 19th April 2024, About 8 months ago

Reply to the comment left by Reluctant Landlord at 19/04/2024 - 19:01
The trouble is there is not a searchable database of S21s and S8s so noone actually gets to see the reasons anyway

SIVPAT

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4:28 AM, 20th April 2024, About 8 months ago

If the tenant wants to leave the property , do they have to give a reason? answer is no, so why do Landlord ''MUST'' give a reason when section 21 is abolished, I think just like tenants can leave with no reason, Landlord should be allowed to use Section 21 without any reason if he wants the property back due to what ever reason,

GlanACC

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8:39 AM, 20th April 2024, About 8 months ago

Reply to the comment left by SIVPAT at 20/04/2024 - 04:28
Landlords MUST give a reason on an S8 because really only the mandatory grounds (reason) will carry any weight

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