Experts warn of Renters (Reform) Bill eviction loophole

Reply to the comment left by Reluctant Landlord at 14/05/2024 - 15:19
In such a svenario ticking rent arrears could be harmful. The council put them into breathing space delaying eviction by two months.

Reply to the comment left by Cider Drinker at 14/05/2024 - 13:32
If S8 works (and works better) then the anti bill narrative can't also want no fault retained. As in it can't be both 'we always keep good tenants long term' and 'but you can't ban S21'.

Although in many cases it's true there's no reason for giving notice, there's also a lot of lying about long term intentions that don't exist. It's not like prospective tenants are in a position to refuse break clauses or 1/2 year fixed that are often insisted on under false pretences.."yeah, yeah, it's long term, they've emigrated abroad....you want a three year fixed....oooo, we don't really do those....really, I didn't even know five years was allowed - our agency never does those'

Reply to the comment left by David Houghton at 14/05/2024 - 20:54
the mandatory ground on the S8 would top any discretionary ground and so there would be no defence.

I'd just make it clear that the issues of rent arrears/asbo/damage etc had CONTRIBUTED to the reason for the mandatory ground being used. Arrears would not the actual listed reason for the possession - ergo 'breathing space' defence is disregarded.

Reply to the comment left by Reluctant Landlord at 15/05/2024 - 08:43
Well if happens that was try it. I recently evicted using s21. The council applied for breathing space. Which was granted, apparently this had happened several times before. The bailiffs didn't k ow any different, nor did the judge. Whilst I got it overturned by correspondence rather than a formal application it still took a few weeks. For me getting possession is more important than proving a point

Reply to the comment left by David Houghton at 15/05/2024 - 08:52
Section 21 is not captured by Breathing Space, so proceedings should absolutely continue. Breathing Space is related to debt-relief only and you're not chasing for money.

Found this on Shelter website

My client has a possession hearing coming up. Can they enter a breathing space to stop the judge making a possession order on rent arrears grounds?
Chris says:

The client can enter a breathing space, but it does not prevent a possession order.

When a client enters a breathing space moratorium and there are ongoing legal proceedings, a possession hearing can still go ahead, and the court can make a possession order.

Regulation 10(3) states that action or proceedings may continue, which appears to offer the court discretion. We have heard anecdotally that some courts adjourn proceedings when a client enters a moratorium, so it is always worth asking the court to adjourn if this is necessary. The court can normally ONLY adjourn for rent arrears claims on discretionary grounds, or in mortgage cases.

In other words if possession on S21 then it can still go ahead.

Reply to the comment left by David Houghton at 15/05/2024 - 08:52
It's not about proving a point but about the law being applied properly to ensure possession when all requirements have been met.

Reply to the comment left by Reluctant Landlord at 15/05/2024 - 09:26
Yes I l know. My local court didn't. They do now. I wasn't the first landlord to have that problem at my local court. I will of course be the last

Reply to the comment left by Reluctant Landlord at 15/05/2024 - 09:29
Yes you are trying to get clarification. There's no need to wait. You can apply for possession order on the basis of nuisance and rent arrears. You can even apply for abridgement of time orders if the nuisance is sufficiently serious. As to whether the eviction can be held up by breathing space when you apply for both is undecided. Or even s 21 with a hearing and claim the rent arrears. Let us know how you get on. Me I will stick to N5b and mcol

Thank you. I love reading all your replies. To clarify. Fixed term until
May 2025 I can still apply s21 in March 2025!

There is no point in letting residential property in the UK any more to risky, there seems to always a capital gain, but taking in account capital gains tax not accounting for inflation and we all wont live forever so family lumbered with inheritance Tax with a property that quit possibly will have sitting tenants in the future. See Scottish law changes from mandatory to discretionary. And sabre rattling from the Labour government regarding the renters reform act I have sold up after a stressful court case which went to the high court.