The scrapping of Section 21: landlord responses

I'm confused. I thought fixed term tenancies (one year, three years, whatever) were no longer allowed in Scotland? The Private residential Tenancy agreement can't include an end date, so an indefinite tenancy is created. https://landlords.org.uk/news-campaigns/news/quick-guide-scotlands-new-private-tenancy

Reply to the comment left by Dr Rosalind Beck at 29/06/2019 - 10:01
UK will not be part of Erasmus from 1 November 2019. So these rentals will dry out as soon as the existing students will finish.
In the last two years our local University (not London) has experienced much lower interest from foreign students, estimation being about 30-35% less. That of course will impact renting. We noticed that too, until last year we had an enormous interest, this time it was not easy to rent, simply less enquiries in comparison to - say - 5 years ago.
On the one hand there should be provision for students, on the other hand it is in the interest of government cronies (big build to rent firms) to accommodate students in the blocks, which charge about 40% than landlords in the area.
All that is very worrying.

What the government fails to understand is that the Section 21 "no-fault' eviction is a safeguard for the tenant. If the tenant is 'at fault', perhaps by being in arrears or by committing anti-social behaviour, they are deemed by councils to have made themselves 'intentionally homeless', and are therefore ineligible for council accommodation. At the moment, landlords can apply for possession without having to give a reason, and therefore tenants can be evicted with no fault, but in the future, to apply for possession via Section 8 will require a reason, which tenants will, of course, contest. The whole lengthy process will be further prolonged.

I had a property which I was thinking of selling. The tenant owed £3,000 in rent, so I issued a Section 21, without stipulating any reason. The tenant fought all the way, and successfully argued in court for an extension to the possession process, but eventually I gained possession.
The council contacted me to ask the reason for issuing the Section 21, and I said that I was thinking of selling the property, which was, of course, true, but perhaps not the whole truth. I protected the tenant's right to council accommodation because I think the council criterion is insane and unfair: people do not 'intentionally' make themselves homeless. They usually just run out of money, and choose to eat rather than pay rent. This is quite understandable.

Shelter should be campaigning against that cruel 'intentional homeless' ruling, not the 'no fault' eviction which in fact protects tenants rights and does not stigmatise them.

Reply to the comment left by Annie Landlord at 01/07/2019 - 11:14
Yes, you are right there would be no fixed terms, (as we know it in England and Wales) in Scotland, as they have three year leases under the terms your attachment describes. However in England and Wales they are going to abolish section 21 which still means, I believe, you could have a 6 or 12 month fixed period. However after that, you will no longer be able to evict on a no-fault basis, and the whole process will be a lot more difficult.

If you are wondering now, what's the difference you may have a point. However for the student market which I am in, at least this system prevents void periods if tenants want to leave before the year is up, unlike Scotland. Getting them out may be a problem but we still have a lease we use which goes a long way in protecting us.

as I posted before I am out. Just served tenants of 19 years who I would have kept for ever. another of only 5 years - mere babes. I explained the situation and as we have known them well for so long they are giving no problems at all. the other 13 left have all been served. I am no longer interested. There has been a major backlash on one but hey-ho I am looking after my family. This is my income. Its my blood/broken bones/late nights/missed holidays that I was happy to do as I was making something for the future. For my daughter and grandsons. Not now. stuff it. let the politicians and media win. too old to fight it.

Reply to the comment left by dismayed landlord at 01/07/2019 - 15:14
Well done! My thoughts too.

I wasn’t in the Lettings industry before the AST. But wasn’t it brought in because of the sitting tenant and the imbalance of rights between tenant and landlord was restricting the availability of accommodation to rent? Why would anyone want to go back to that? It didn’t work then, why will it now?

Reply to the comment left by Cathie Hawkins at 01/07/2019 - 19:05
Because politicians want votes, media soundbites and their fleeting moment of fame. I inadvertently became a London landlord in 1976 and know the problem prevailing all too well.

Reply to the comment left by Frederick Morrow-Ahmed at 01/07/2019 - 19:10
Spot on, the UK is sleep walking into Communism via the Cultural Marxist route; this never ends well!

Reply to the comment left by bob the builder at 01/07/2019 - 19:57
The problem Bob is that this is all being done by successive Tory governments who are supposed to protect us from Cultural Marxism. One of the most brilliant pieces of legislation was Mrs Thatcher's Housing Act 1988 that liberated tenants, yes tenants. Of course Mr Blair then had to come along with his Housing Act 2004, which gave Councils unrestrained, dictatorial powers and started the rot. It has been downhill ever since. Mrs T, with all her faults, was the last bulwark against Cultural Marxism.