Theresa May announces she will ban section 21

Theresa May announces she will ban section 21

7:41 AM, 15th April 2019, About 6 years ago 89

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Prime Minister, Theresa May, has announced she plans to ban the use of Section 21 or what is termed as so-called ‘no-fault evictions’ in England.

The PM said: “Everyone in the private sector has the right to feel secure in their home, settled in their community and able to plan for the future with confidence.”

“But millions of responsible tenants could still be uprooted by their landlord with little notice, and often little justification.

“This is wrong and today we’re acting by preventing these unfair evictions. This important step will not only protect tenants from unethical behaviour, but also give them the long-term certainty and the peace of mind they deserve.

“Landlords will still be able to end tenancies when they have legitimate reasons to do so, but they will no longer be able to unexpectedly evict families with only eight weeks’ notice.”

Communities secretary James Brokenshire said:

“Government was making the biggest change to the private rental sector in a generation. By abolishing these kind of evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves not have it made for them. Evidence showed that so-called Section 21 evictions were one of the biggest causes of family homelessness.

“And this will be balanced by ensuring responsible landlords can get their property back where they have proper reason to do so.”

A Ministry of Housing spokesman said: “Court processes will also be expedited so landlords are able to swiftly and smoothly regain their property in the rare event of tenants falling into rent arrears or damaging the property meaning landlords have the security of knowing disputes will be resolved quickly.”

Shadow Housing Secretary John Healey cautiously welcomed the Tory proposals, but said they:  “Won’t work if landlords can still force tenants out by hiking the rent. For nine years, the Tories have failed to tackle problems facing private renters.

“Tenants need new rights and protections across the board to end costly rent increases and substandard homes as well as to stop unfair evictions.”

NLA Chief Executive, Richard Lambert, said: “Landlords currently have little choice but to use Section 21. They have no confidence in the ability or the capacity of the courts to deal with possession claims quickly and surely, regardless of the strength of the landlord’s case.

“England’s model of tenancy was always intended to operate in a sector where Section 21 exists. This change makes the fixed term meaningless, and so creates a new system of indefinite tenancies by the back door.

“The onus is on the government to get this right. It’s entirely dependent on the government’s ability to re-balance the system through Section 8 and court process so that it works for landlords and tenants alike. The government should look to Scotland, where they reformed the court system before thinking about changing how tenancies work. If the Government introduces yet another piece of badly thought-out legislation, we guarantee there will be chaos.”


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Mike

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0:56 AM, 16th April 2019, About 6 years ago

Reply to the comment left by Monty Bodkin at 15/04/2019 - 23:06However, section 21 notice I said is not a no fault eviction notice, it is used by landlords for some good reason, one of them being rent arrears, or being pain in the backside tenants, the agents may be using it for their own greed and convenience at the expense of inconveniencing the tenants and the landlords equally.

Tenants have a choice, they can move out if they don't like the tenancy terms, or like their landlord, but a landlord will not have that choice if S21 is abolished.

Arnie Newington

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7:40 AM, 16th April 2019, About 6 years ago

Reply to the comment left by Mike at 16/04/2019 - 00:56
I disagree with your comments about Letting Agents. Letting Agents do as much if not more work to relet a flat as an estate agent does to sell a flat. Letting Agents get a very small fee for this compared to Estate Agents get a percentage of the sale price so hardly profiteering.

Ian Narbeth

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9:27 AM, 16th April 2019, About 6 years ago

Reply to the comment left by Mike at 16/04/2019 - 00:50
Nice idea Mike. One snag is that most BTL mortgages prohibit the landlord from occupying the property himself.

Ian Narbeth

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9:35 AM, 16th April 2019, About 6 years ago

Reply to the comment left by Mike at 15/04/2019 - 22:59
What you describe is poor conduct by agents not landlords who may be unaware of it. True, landlords should take more interest in their portfolio but getting rid of s21 takes us back to pre-1980s when ASTs opened up the market.

If the Government were serious about making the process swifter they would have a trial for 12 to 24 months to speed up s8 proceedings. When that was shown to be working with court dates being obtained within 4 weeks and defaulting tenants evicted with 4 to 6 weeks thereafter (actually evicted, not just subject to a court order which the Council tells them to ignore until the bailiffs turn up). Then and only then, should they tinker with s21. Instead I expect s21 will be throw out with minimal consultation and the courts will get clogged up.

Hamish McBloggs

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13:43 PM, 16th April 2019, About 6 years ago

I like the use of the words

'Expidited'
'Swiftly'
'Smoothly'
'Rare'
'Security'
'Quickly'

Does anyone know who the Ministry of Housing Spokesman is?

Freda Blogs

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14:01 PM, 16th April 2019, About 6 years ago

Reply to the comment left by Hamish McBloggs at 16/04/2019 - 13:43
James Brokenshire I think. He is certainly the one that referred to the 'rare' times that tenants were in rent arrears....

David Nic

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16:44 PM, 16th April 2019, About 6 years ago

Reply to the comment left by Dylan Morris at 15/04/2019 - 09:56
6 month tenancy means tenant is financially committed to initial term of tenancy usually minimum 6 months rent. Landlord can currently repossess property after 6 month tenancy term by serving an s21 notice with 2 months notice served at month 4.
Presumably if s21 is taken from landlords then tenant still financially committed to initial term of tenancy but landlord cannot obtain possession without a valid reason which should include wanting to sell property or move into property themselves. We wont know exactly what is proposed but the current Scottish system is likely to be used.

Monty Bodkin

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18:47 PM, 16th April 2019, About 6 years ago

Reply to the comment left by Ian Narbeth at 16/04/2019 - 09:35
If the Government were serious about making the process swifter they would have a trial for 12 to 24 months to speed up s8 proceedings. When that was shown to be working with court dates being obtained within 4 weeks and defaulting tenants evicted with 4 to 6 weeks thereafter (actually evicted, not just subject to a court order which the Council tells them to ignore until the bailiffs turn up). Then and only then, should they tinker with s21.

Spot on Ian.

If you're going to remove section 21, then you better be damn sure you already have something to take its place.

History repeats.

Mick Roberts

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14:18 PM, 20th April 2019, About 6 years ago

Shadow Housing Secretary John Healey said Won’t work if landlords can still force tenants out by hiking the rent. For nine years, the Tories have failed to tackle problems facing private renters'.

Well his Labour Government has gave most tenants in Nottingham a rent increase they didn't deserve or none of us expected, with http://www.selectivelis
censingtruth.co.uk
All of a sudden Nottingham tenants and Landlords got fined £780 for doing nothing wrong and already having a good house.
My point is, the politicians and imbecile Councillors create a problem where one didn't exist. They know nothing about housing people, they do know about creating policies that win them votes, even if the policy don't truly work, as long as they stay in power, screw how many more be homeless cause of it.

Handson Landlord

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7:42 AM, 21st April 2019, About 6 years ago

Following discussions, anti social behaviour and difficult behaviour will be very difficult to evict. That s already prevalent in social housing. Like tenants who live in squalor, tenants where access is a problem, those that have a number of people continuously staying as ‘friends or family’, a large family that moves in when it’s a two person rental, carrying on an illicit business inside the flat. The onus will be on the landlord to prove which is tough.

As well as rent arrears, antisocial and breaches need to be regulated. Referencing becomes all important, is there a better way of doing this, say to have tenant passport? What about mutually agreed break clauses giving 2 months notice, would these still be legal?

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