Post-RRB: How will evictions work at end of an AST agreement?

Post-RRB: How will evictions work at end of an AST agreement?

0:01 AM, 20th August 2024, About A day ago 4

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Hello all, I’m hoping this isn’t a silly question, however it would be great to know what people think about the following as I have not been able to find much on the matter.

When the Renters Rights Bill take places (if it does and which reforms will get enacted) will the end of a signed agreement term such as an Assured Shorthold Tenancy agreement still spell the end of a tenant’s legal time in a property?

If there is no Section 21 available, what exactly happens at the end of an agreement term and how would the landlord inform the tenant of repossession?

I’m not great with contract law and I assume that contracts will need to be rewritten and the current version of an AST will become null.

Any advice on the above would be great as I’m sure there must be others questioning this.

Thanks in advance,

Omar


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David Houghton

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9:54 AM, 20th August 2024, About 21 hours ago

This is what we all want to know. My advice is follow ithe rrb through parliament, then if need be issue s21 before it comes into force.

Tessa Shepperson

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10:03 AM, 20th August 2024, About 21 hours ago

At the moment, at the end of the fixed term, if the tenant is still in residence, they acquire a periodic tenancy under s5 of the Housing Act 1988. I doubt that this will be changed, unless they decide to do away with fixed terms altogether as the Renters Reform Bill wanted to.

I very much hope they don't decide to go down the route the Welsh gov did which required landlords to give new agreements to all 'contract holders'. That was a nightmare.

But as David says, no-one can say anything with confidence until we see the draft bill. Even then it can be changed right up to just before it becomes law.

Judith Wordsworth

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11:29 AM, 20th August 2024, About 20 hours ago

Until the RRB has been drafted and starts on it's merry 12 readings way, possibly amended on it's journey when original drafted sections are realised to be unworkable/unenforceable, speculation is a waste of time.

It is likely to be more draconian than the Renters Reform Bill; more anti-landlord in that it legislatively & regulatorily hog ties landlords, removes a property owners rights over their property, etc etc.

IF a PRS landlord has no or less rights over their property why are the lenders, who actually own the majority stake in that property, keeping silent?

Forget badgering MPs who have to toe the Party line/Whip.

PRS Landlords should be badgering/seeking the support/ demanding the support of mortgage lenders to be working with them, their customers, to protect the owners rights of these properties.

DPT

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13:27 PM, 20th August 2024, About 18 hours ago

How eviction will work post RRB will be as follows:
1. Tenant is 2 months in arrears and you serve a s8 under grounds 8, 10 & 11. Several months go by and you get a court hearing. The tenants free solicitor discovers that you forgot to attach the scheme terms and conditions to the deposit prescribed information and the amount of the arrears is reduced by the penalty awarded meaning your possession application fails.
2. Some time later the tenant is now in greater arrears and you try again. Several months go by and you get a court hearing. The tenant claims there is mold in the property and the hearing is suspended due to the alleged disrepair.
3. You clear the mold and try again. Some months later you get a hearing and the tenants solicitor has got him a breathing space so your application fails.
4. Some time later once the breathing space has expired, you try again and after a few more months you get another court hearing. The tenants solicitor argues that evicting the tenant would cause them greater hardship and the possession application fails.
5. At this point you've used up all your savings paying the mortgage arrears that have built up and the property is re-possessed by the lender, so problem solved!

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