No fault evictions? You are having a laugh!

No fault evictions? You are having a laugh!

9:38 AM, 23rd September 2024, About 4 days ago 22

Text Size

I just finished my second no fault eviction in 20 years. It came after three attempts of evicting the same tenant using section 8 (discretionary grounds) over a two year period. The Section 8 failed because the unscrupulous tenant gave the judge false information so he wouldn’t evict.

Meanwhile I had to put up with tenants who denied me access to my property for maintenance and who made false allegations about the state of the property to anyone they could complain to.

When Thatcher brought in Assured Shorthold tenancies, the banks offered to lend against them and landlords took to them as there was a need for housing and banks wouldn’t lend directly to millions of people who needed homes. Thirty years on 5 million shorthold tenancies are currently live. Overtaking 4 million social houses.

Of course there are always unscrupulous people (landlords and tenants) but the landlords have to fulfill a bucket load of tasks and the tenant barely any, yet enjoy protections not available to homeowners (When did your personal home receive an annual gas safety check?). The success of the AST led to just 21,000 bailiffs no fault evictions last year, just 1 in 200 a low figure and testament to a hugely successful system.

At least one of those ‘No Fault’ evictions was where my tenant refused to pay a market rent. They tried to have the rent reduced by claiming false dilapidations to both the council, the civil court and the rent tribunal. They denied me access to repair the property. There was no other ground I could use to remove this unscrupulous tenant. But the biggest misunderstanding by the juvenile government is there is currently no eviction ground for selling a property so many use S21.

The suggestion s21 is done for no reason is deranged? Do people do anything for ‘No Reason’ – if you think about it every little thing we do has a reason. From going to the shops, to work to going for a walk. But now they would have you believe a breed of nasty folk have become landlords and suddenly started a new human trait, evicting people for ‘No Reason’ – seriously? This is beyond absurd.

The elephant in the room is, I imagine most of the non fault evictions are because the landlord wants to sell and there was no eviction ground to do this. The courts have for years overruled legal contracts the tenant signed up to where they have to leave after two months notice. They just don’t leave and the courts support them not least through delays and inefficiency.

Why should landlords offer tenancies forever our circumstances change. Having a forever home is called a mortgage. So come on Banks step up – lend to people who need homes instead of taking a huge slice of rents for doing very little and recklessly putting up charges for landlords.

In effect the new Renters’ Rights Bill will change the two months notice to two years, but then what? Do we enter the hopeless court process? All this government is doing by culling landlords is kicking the can two years down the road, when it will become clear many ‘No fault’ evictions were because the landlord wished to sell or because the landlord is unable to accommodate tenants who break the rules and are too difficult to manage.

The truth is the government know landlords don’t evict for no reason and this reform is simply the enactment of discrimination against us when they should be looking to solve the housing situation. What does the Property118 community think?

Thanks for reading,

Paul


Share This Article


Comments

TheMaluka

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

15:41 PM, 23rd September 2024, About 4 days ago

Reply to the comment left by The Forever Tenant at 23/09/2024 - 14:41
I presume you are referring to my comment about not taking anyone who qualifies for legal aid. I speak from bitter experience, having just lost £12,000 to a legal aid tenant - and I won the case but did not get costs because the tenant was protected. I no longer care what the public think of me for I know I provide decent accommodation at a realistic price, and so do most of my tenants.

havens havens

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

17:21 PM, 23rd September 2024, About 3 days ago

It’s frustrating how the system works. Tenants often have protections that make it difficult for landlords to manage their properties effectively. The idea that someone can claim a rental property as a permanent home is absurd.

there should be clearer guidelines for evictions when landlords want to sell. Perhaps introducing a specific eviction ground for sales would help, streamlining the eviction process and reducing court delays would benefit everyone involved.

The focus should be on finding a balance that protects both tenants and landlords without complicating the process further.

disgruntled landlord

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

18:55 PM, 23rd September 2024, About 3 days ago

Reply to the comment left by Godfrey Jones at 23/09/2024 - 14:00
I'd go further and say these nightmare tenants should be the ones deported to Rwanda. Joking aside the govt has used every possible means to get landlords to foot the bill for their insane housing policies over the years. They have used every legislation so far to scare and punish landlords away from the PRS and continue unabated. They must have some ulterior motive but why would they deliberately destroy the sector causing councils more problems trying to house these folk. Any reasoning is welcome

Josie Coote

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

19:32 PM, 23rd September 2024, About 3 days ago

Reply to the comment left by disgruntled landlord at 23/09/2024 - 18:55
Because they can't see beyond the end of their noses.

Mr Blueberry

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

7:36 AM, 24th September 2024, About 3 days ago

Reply to the comment left by The Forever Tenant at 23/09/2024 - 14:41
Your comment:

"You absolutely have the right to evict the tenant from your property for any reason that you wish,.."

is of course incorrect.

Rick Harmer

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

7:59 AM, 24th September 2024, About 3 days ago

So very well put, articulate and true.
To my mind the government are neglecting their responsibilities to provide a decent housing stock themselves and thereby passing some of that onto us private landlords.

Paul Smith

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:56 PM, 24th September 2024, About 2 days ago

Reply to the comment left by Mick Roberts at 23/09/2024 - 10:34
Sorry to hear how difficult it is for you. If you want any advice on s21 I am happy to let you know more details about my experience and papers.

Paul Smith

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

22:19 PM, 24th September 2024, About 2 days ago

Reply to the comment left by Peter Merrick at 23/09/2024 - 15:33
Not always easy - the tenants right to a peaceful tenancy trumps all landlords rights.

My tenant who worked as a senior letting agent didn't communicate with me and if they are minded they don't have to put anything in writing.

Mick Roberts

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

7:12 AM, 25th September 2024, About 2 days ago

Reply to the comment left by Peter Merrick at 23/09/2024 - 15:33
Yes silly me trusted her.
Yes I've got about 400 lock barrels, used to do about 3 every week years ago when tenants could move and do a bunk quick.
Ooh mine aren't bothered about trespassing ha ha

Mick Roberts

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

7:17 AM, 25th September 2024, About 2 days ago

Reply to the comment left by The Forever Tenant at 23/09/2024 - 14:41
Good words Forever Tenant
but you are directly affecting another person/family and making their life worse through your choices.

But that is exactly what Govt and Councils are doing to the Landlord that don't even want the house anyway and only keeping it for the tenant and Govt and Councils then push us over the edge.

I'd say most businesses make customers live's better or worse. A shop sells u a Mars Bar, u get gratification, it stops selling u, u get cheesed off, u go elsewhere.
We let tenant have the house, we make their life better. We can no longer do it (and do it cheap) cause of Govt and Council interference, so we want house back, we make the tenants life worse. Except now cause of Govt and Council interference, tenant can't find elsewhere.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now