No fault evictions? You are having a laugh!

No fault evictions? You are having a laugh!

9:38 AM, 23rd September 2024, About 2 months ago 37

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

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

7:18 AM, 25th September 2024, About 2 months ago

Reply to the comment left by havens havens at 23/09/2024 - 17:21
Fantastic words Haven
The idea that someone can claim a rental property as a permanent home is absurd.

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

5:37 AM, 26th September 2024, About 2 months ago

Reply to the comment left by The Forever Tenant at 23/09/2024 - 14:41
TFT - that is why a contract is in place so both sides know what they signed up to.

The Assured Shorthold tenancy has been very successful at housing people and allowed two months this eviction after the end of the tenancy

Despite this being part of the contract judges don't enforce it .

Unfortunately banks won't lend to millions of people who need homes and some of these are very difficult to deal with. They do not treat homes with respect and sadly some are sadly unscrupulous and devious.

Landlords are not equipped to manage people like this if you are unlucky enough to come across one so the law should be balanced and it isn't.

John Farey

Become a Member

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

Sign Up

8:21 AM, 28th September 2024, About 2 months ago

Paul, you are 100% right , I myself as a accicental landlord have spent the last year dealing with something similar, with a non paying tenant tell the court complete lies to avoid paying rent for a year, the court system is only designed pro tenant and fleece the landlord its disgusting, John

moneymanager

Become a Member

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

Sign Up

8:40 AM, 28th September 2024, About 2 months ago

Reply to the comment left by Godfrey Jones at 23/09/2024 - 14:00If a tenant has a history that won't be disclosed that's the same as seeing a Black hole by the absence of light, don't touch it, it'll suck you in.

Alison Clark

Become a Member

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

Sign Up

10:24 AM, 28th September 2024, About 2 months ago

Reply to the comment left by Peter Merrick at 23/09/2024 - 15:33
I’ve just been quoted £150 plus VAT to change 2 door locks (ordinary UPVC) and a garage.

Thanks for your comment. My husband is quite handy, think I’ll ask home to do it,if it’s straight forward? When the times comes!

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

10:48 AM, 28th September 2024, About 2 months ago

Reply to the comment left by Alison Clark at 28/09/2024 - 10:24
You will probably need an impact driver (upmarket screwdriver) to remove the screws in UPVC doors. Even with the cost of a battery impact driver, you will still be in pocket compared to a £150 charge.
Ordinary screwdrivers, hand or electric, will not budge screws that have been inserted with an impact driver.

GlanACC

Become a Member

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

Sign Up

11:14 AM, 28th September 2024, About 2 months ago

You have learnt a lesson there, never issue an S8 on only discretionary grounds, it just won't work these days

Duncan Forbes

Become a Member

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

Sign Up

18:23 PM, 29th September 2024, About 2 months ago

Dont trust the goverment for so called grounds for eviction there will be loopholes for the tenant to stay,
best sell not worth the risk !!

Paul Tarry

Become a Member

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

Sign Up

18:36 PM, 29th September 2024, About 2 months ago

Reply to the comment left by Alison Clark at 28/09/2024 - 10:24
Do you think £150.00 plus VAT is too much?

VAT is nothing to do with the contractor

Cheap lock for the doors £15.00 each, garage lock depends on what it is but about £40.00 so £70.00 for materials and £80.00 labour/traveling time this includes a contribution to van, van insurance, public liability, fuel and tax on profit so operating cheaply no shinny new van probably about £20.00 overheads leaving £60.00 profit
Personally I think £150.00 plus VAT is cheap!

GlanACC

Become a Member

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

Sign Up

19:03 PM, 29th September 2024, About 2 months ago

Reply to the comment left by Paul Tarry at 29/09/2024 - 18:36
£150 + VAT, Cheap .. not half. A new set of keys would cost you £25 these days, give me the tradesmans address I have a load of work he can do !

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 Automated Assistant Read More