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The government has proposed the scrapping of Section 21, which entitled landlords to make ‘no-fault’ evictions. This move could potentially create indefinite tenancies, according to the National Landlords Association (NLA).

For many years, landlords have been allowed to use Section 21 notices during evictions, which did not require them to state a clear reason for wishing to take possession of property from tenants. Under new proposals, landlords would find they have to give valid reasons for seeking to evict their tenants.

Under the new proposals, landlords would not be able to evict a tenant without reason after a fixed-term tenancy had concluded. Tenants would no longer face eviction at short notice as a result. Landlords currently make use of Section 8 notices to evict tenants for breaching terms of a tenancy.

Elfin Kitchens – MPU

The proposals come after a campaign calling for the scrapping of Section 21 by pressure group Generation Rent.

Dan Wilson, director of Generation Rent has claimed: “Tenants have a right to a safe home, but can only exercise it if the government stops landlords from evicting without reason.”

New deal for renters

Communities secretary James Brokenshire announced the new government proposal, saying: “The private rented sector has grown rapidly over recent years, with more than four million people now living in privately rented accommodation…yet the housing market has not kept pace with the changes in society and leaves many tenants feeling insecure.”

“The proposed measures will provide greater certainty for tenants”, he added, “and make the housing market fit for the 21st Century, whilst creating a more secure rental market for landlords in which to remain and invest.”

Onus on government

The NLA, who are critical of the moves, claimed landlords are forced to turn to using Section 21, as they have “no confidence” that the courts can handle Section 8 applications “quickly and surely”.

Richard Lambert, CEO of the NLA, commented: “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 through the back door.”

Lambert put the onus on the government, saying: “It’s entirely on the government’s ability to re-balance the system through Section 8 and court process so that works for landlords and tenants alike … if the government introduces yet another piece of badly thought-out legislation, we guarantee there will be chaos.”

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Peter Adams
Peter reports for Property Notify about how political developments have a direct impact on the UK housing market. He does this, through his reporting on topics such as Brexit, government policy and the various political arguments that surround housing.

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4 Comments

  1. It’s about time the government also takes into account the position of the Landlords, these are properties that they have invested in, sometimes their life savings just to try and create a reasonable pension in their old age, landlord should have a right to having their properties vacated if and when necessary for their own purpose, the government should take a look at making housing more affordable for tenants that wish for long term tenancies and take the responsibility of housing the population that has voted them into a place of power, instead finding more ways to create hurdles for landlords that are providing homes for those that cannot afford to buy. There is a picture painted by the politicians and media of landlords being wealthy individuals or organisations profiting from those that cannot afford their own homes, the truth is not all landlords fit this stereotype, there are many landlords who own with the assistance of mortgages one, two or three properties that they are working tirelessly to finance. It’s only fair that people like this should make some sort of a profit for all the hard work that usually goes unnoticed.

    It’s time the government recognises the service landlords provide whilst the government has seriously been failing to provide sufficient housing for the mass population, a lot of which has been created by the governments failure to control immigration into the U.K. leading to more people than affordable housing available.

    1. I don’t agree there is no shortage of Housing, Thousands of Flats being built clearly not required, if Generation Rent / Shelter and other anti- Private LL organisations that don’t supply Housing shouting from the roof tops wants all this security of Tenure, then I can see the problem no one stopping them buying their own but don’t expect me to work myself into the ground to keep a roof over their heads.

  2. With every action, there is a reacion. This legislation will hit the poorest as the only option left for landlords will be to insure against breach of tenancy. The insurance tide mark is fairly high, so anyone on zero hours contracts or a low credit score won’t pass the test. This will leve the landlord no other choice but to reufuse to do business with the potential tenant.

  3. Section 21 is only used as a last resort and if we let for fixed term which we always do on Assured Short Hold Tenancy we don’t try or able or even wish to Terminate the Tenancy during Contract period and can’t even serve notice during first 4 months or Contract & has another minimum 2 months of occupation. However, they normally stay a great deal longer than that, so why pretend the LL can get rid of them willy nilly it’s lies, the Tenants has the discretion to leave at any time you can’t stop them leaving or don’t want to see them leave if they are ok.

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