Lack of Justice in Housing – Section 21

by Readers Question

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13:44 PM, 12th February 2019, About 6 years ago 12

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Letter to Gareth Johnson Member of Parliament for Dartford:

Dear Mr Johnson,

I’d like raise some concerns about justice, or rather the lack of it in Housing.

I operate my own business of recovering possession of mainly residential property for landlords who’s tenants have chosen to break their contract. Very similar if you like, to the criminals who choose to disregard criminal law, the defaulting tenants breach their contract (Tenancy agreement). There are only two options for a landlord to regain possession of ‘their’ property, despite the flagrant breach of contract which either through Section 8 of the Housing Act, or Section 21.

Section 21 Housing Act 1988

You will probably have heard much about Section 21, often from various Tenant support groups with little morals about the conduct or legitimacy of those tenants they ‘support’. Much is also said against the use of Section 21 by the Labour Party, who believe it’s every persons right to Housing, whether they pay for it like the majority of the public, or not!

There is even the suggestion by opponents of Section 21, that because there is no specific course of conduct required to be proven against a tenant, they can (whether paying the rent or not), be asked not made to leave the property after 2 months. In other words, two months free housing at the property owners expense (be that Private or Social sector) before a legal claim can be submitted to the court, requiring an additional 3 months on average to achieve a court hearing.

Section 21 , the longer of the two processes, is often preferred due to the weakness of the Section 8 process.

Because the Section 21 process does not require a specific breach by the tenant to be stated or proven, this process has been twisted or manipulated by such opponents mentioned, to suggest that landlords are using it for ‘No fault’.

Any such suggestion really displays a basic lack of business sense. Evicting a tenant via Section 21 is a time consuming process which, often involves expense in rent arrears. additionally there is almost certainly a void period with the cost of finding a replacement tenant.

Adopting basic common sense and any business acumen, who on earth thinks a landlord in their right mind would evict a tenant for no fault?

To use the vernacular, a landlord is between a rock and a hard place, and nobody seems to give a damn.

Possession Friend

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Comments

Devon Landlord

18:47 PM, 21st February 2019, About 6 years ago

I must admit that I am more than a little confused by this Conservative Government's attitude to landlords. Landlords provide homes, we are not unscrupulous people who wish to exploit our customers. We run legitimate businesses but in so many ways we are being reviled and then abused by the system. As a legitimate businessman I am unable to off set the interest charged on my borrowings against tax unlike any other legitimate business. People can steal the product I supply (the rent they pay for housing) and can get away with it just because the deal is done through a contract. I have to give notice which is twice as long as my tenant when I wish to claim back my property but have no power to take it back on the due date because the tenant is advised by support groups like Shelter to stay put until the bailiffs arrive three months, at least, later. (Shelter, of course, is a JOKE as Shelter provides no shelter to anyone) If this was a violation such as shop lifting the law would act swiftly to deal with the situation but they are not interested in our problems at all. Society does not seem to see non payment of rent as theft which it is!!

To get my vote next time the Conservative Party will have to buck up its ideas and make letting a safe business both for the landlord who is willing to stay in the game and the tenant too because they need us there to serve their need. We don't make people rent, our tenants choose to rent and they should be made to comply with the law and the law needs to be equitable and robust. Judges too, need to get a reality check on the administration of justice!

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Mkahn

12:23 PM, 22nd February 2019, About 6 years ago

Thank you Johan Leplus . I have spoken to tenants in the property . They want to continue with me but I didn’t promise coz the middle man has taken six weeks deposit from every single person ( about 700£) . They are persuading their deposits, which I am not sure, he will pay them back. As mentioned Mandy Thompson and advised by Solicitor, I am avoiding to enter into any verbal contract with them due to this situation. I told them to settle your matters with the man and then speak to me . It’s very complexity . I am the only affected party who is loosing rent for every single day. This is all because of shortcomings in the Legislation, which is one sided and doesn’t provide any protection to the owner of property, which result hundreds of properties are being repossessed every single week.

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