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The end of Section 21 is nigh, at last

Wookey

Muppet is not a slur

"Landlords will soon be banned from removing tenants without cause as the government prepares to launch a long-delayed package of measures for renters including stopping no-fault evictions within months. Ministers will bring the renters’ rights bill for its first reading in the Commons next week, sources have told the Guardian, as they look to rush through key parts of its housing changes.

"At the heart of the bill, according to several people with knowledge of its contents, will be an immediate end to so-called section 21 evictions, where a landlord can oust a tenant for no reason, to be brought into force as soon as the bill is granted royal assent."

Huge news for so many people I've worked many years with, to see the end of the discriminatory and cruel Section 21 no-fault eviction process.

I'm over the fucking moon at this.:thumbs::cool:
 
Unless it’s going to rule out massive rent hikes, they can still get a tenant out just by pricing them out of the market.
 
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Unless it’s going to rule out massive rent hikes, they can still get a tenant out just by pricing them out of the market.

Yep, and you can continue paying the contracted rent, plus an increase for inflation, and let the courts decide on the fairness of the rent increase. When you take the landlord the court, or the landlord takes you to court.

What won't happen is a Section 21.👍🤗
 
All the real reasons a landlord should be able to evict a tenant for (not paying the rent, trashing the place, anti-social behaviour etc) can be done with a Section 8 which is quicker than a Section 21 but it is restricted to a few genuine reasons.
Section 21 can be used because the landlord got out of bed on the wrong side this morning and has an itchy bum since they don't have to specify a reason. It serves no useful purpose other than enabling shit landlords to chuck tenants out and re-rent at twice the rent. The trouble with the PRS in this country is it's like the Wild West and full of cowboys. Section 21 being abolished will be better in the long run but I suspect there will be last minute rush of evictions as the poorer quality landlords sell up and flee.
 
It'll be very welcome if it actually goes through, but as 39th says the tories have been promising to do this since 2019. As with anything, it's all in the implementation, so while I'd really like to see it go through properly, I fear there's still a lot of potential for the party of Jas Athwal to mess it up between now and it actually coming in to law.
 
All the real reasons a landlord should be able to evict a tenant for (not paying the rent, trashing the place, anti-social behaviour etc) can be done with a Section 8 which is quicker than a Section 21 but it is restricted to a few genuine reasons.
Section 21 can be used because the landlord got out of bed on the wrong side this morning and has an itchy bum since they don't have to specify a reason. It serves no useful purpose other than enabling shit landlords to chuck tenants out and re-rent at twice the rent. The trouble with the PRS in this country is it's like the Wild West and full of cowboys. Section 21 being abolished will be better in the long run but I suspect there will be last minute rush of evictions as the poorer quality landlords sell up and flee.
Also worth noting that a huge amount of section 21s as they're served now are actually invalid and unenforceable - from the Shelter guidance:

When a section 21 notice is invalid​

A landlord can serve a section 21 notice to end an assured shorthold tenancy without providing a reason or ground for possession. If a landlord serves a valid notice on a tenant the court must make a possession order.
If the notice is not valid, the tenant might have a defence to possession proceedings.
A section 21 notice might be invalid if the landlord:
  • did not serve the notice correctly
  • did not follow the tenancy deposit rules
  • failed to provide an energy performance certificate (EPC) or gas safety certificate
  • failed to provide the How to Rent guide
  • does not have a licence for the property where required, or has not applied for a licence
  • took a banned fee by charging a prohibited payment or retaining a holding deposit
  • served the notice after a complaint about the property (retaliatory eviction)


A lot of cowboy landlords are not going to be able to jump through all those legal hoops successfully. Of course, as with any other legal right, it's only worth anything if the tenants affected are aware of the law and confident enough to challenge the invalid notice.
 
Also worth noting that a huge amount of section 21s as they're served now are actually invalid and unenforceable - from the Shelter guidance:


A lot of cowboy landlords are not going to be able to jump through all those legal hoops successfully. Of course, as with any other legal right, it's only worth anything if the tenants affected are aware of the law and confident enough to challenge the invalid notice.
Property118 the landlord forum keeps popping up in my news feed regularly for some unknown reason, next time it does I might visit it to read the rantings and chortle about it.
 
Yes, this is good news, on the face of it.

But then again, things are going to get a lot worse, before they get better. And when I say get better, that's not necessarily a given.

I'm trying to think of a suitable analogy for housing policy being so complex and things having unintended consequences, but I'm failing at the moment.

Of course it's good news for tenants in that landlords won't be able to evict them for no good reason.

I've a few friends who've suffered a lot of housing instability through landlords deciding to sell up.

Impact of Section 21 evictions on families

(1) Friend and her husband and toddler daughter living in rental property in London. Landlord serves Section 21 Notice as they're selling up. Friend and husband super stressed, need to find new place within tight deadline that is near to nursery and childminder. Manage to do so. Move in to their new place, fast forward a couple of years, she's pregnant with their second child, now their 'new' landlord decides to sell up, serves S.21 Notice. They don't find somewhere else to live in time, end up moving to her parents' place in Hampshire, takes them another year or two to move back to London.

The upshot is that their first child had four different addresses within the first 5-6 years of her life, the second child had two addresses within the first 2-3 years of his life. It's really unsettling for the adults, but must be absofuckinglutely horrendous uncertainty and instability for small children in their formative years, not to mention all the stress the whole family goes through.

(2) Friend in Cornwall served notice after 16 years of paying rent on time, because landlord wanted the property back. (They probably figured they could get a lot more if they renovated it and let it short-term as a holiday let.) Friend and daughter ended up homeless and in temporary accommodation, firstly hostels, then temporary house for iirc around two years, before eventually being rehoused by a housing association. In the meantime, lots of disruption caused to child's education, changing schools, lots of uncertainty and instability, etc.

(3) Friend in Manchester, landlord selling up, caused a lot of angst, because they had kids and needed to be local for schools and coparenting. Eventually moved miles away to different area. Later moved back. The housing problems therefore disrupted schooling and adversely impacted coparenting arrangements.

And those are just the ones that I can think of, off the top of my head.

Abolishing Section 21 evictions would help prevent that kind of instability, eventually...

Evictions set to increase as landlords panic and put their properties on the market to try to sell up before Section 21 is abolished

However, what's going to happen before then is that lots of landlords are going to put their houses on the market, because they are scared they won't be able to evict tenants after the change comes in. What if they need to sell up? As with now, they'll find it more difficult and it will reduce the value of their property, if they need to sell with tenants in situ.

I'm in a couple of landlord groups on Facebook, which I joined due to having occasional lodgers in my flat, and thinking about renting it out at some point if I need to move away for work.

(A lot of the time, I'm schooling landlords about tenants rights, e,g today's argy bargy was with a landlord who's co-owner (sounds like they inherited a property) wants to charge tenants for electricity. Except the landlords don't pay for electricity, because there are solar panels and there's currently no charge for electricity. So I've been trying to school them that no, they can't charge tenants more for electricity than they themselves pay for it, because that's illegal. Other ignorant people say Yeah, charge 'em. And then the landlord says, 'Right, thanks for all your opinions, I'll try to convince them [co-owner].' To which I reply explaining it's not about differences of opinion, it's about the law, what's legal and illegal, and it's illegal to charge them for electricity that you yourselves haven't had to pay for. Argh!')

Lots of landlords are people who've inherited a property like that, or they've bought one or a few properties to effectively be their pension scheme, or they've become 'accidental landlords' due to either moving away for work (maybe to a more expensive area, can't afford to sell up and buy in the new area, or maybe they moved in with a new partner and decided to rent out their old property in case things didn't work out.

Anyway, lots of landlords in those groups are talking about selling up and getting out of the property rental market before the government changes the law and abolishes Section 21 evictions.

So who will landlords sell properties to?

On the one hand, it might be good news for first time buyers and people lower down the property ladder. As Buy-To-Let (BTL) landlords start panicking and selling up, it might push prices down a bit, free up more properties for purchase. That won't necessarily help many renters, but might help the kind of renter who's been paying £1k or £1.5k in rent and struggling to buy a house with a mortgage of £800 or £1,250, or whatever.

But then again, one of the problems with the UK rental market is that corporate investors are muscling in. Banks and venture capitalists are buying portfolios of properties. If you thought that amateur landlords were profiteering bastards, wait till the banks and venture capitalists take hold.

They've done it to the care home sector. They've done it to children's homes. Privatising anything and everything.

What they do is that they buy assets, then take out loans against them (so that that they can suck out the capital, ie extract money), and then whack up lease/rent charges to pay the interest. Like I said, they've done it before.

So on the one hand, there might be lots of properties coming on to the market at the lower ends of the property ladder, which might help those renters who've been priced out of buying to date, but on the other, (providing they can outbid the banks/venture capitalists), the reduction in the number of rental properties will mean that there's even more of a shortage of supply. And you know that thing about supply and demand? Rental prices will go up.

So what does that mean, overall?

The abolition of Section 21 evictions isn't the panacea for all ills.
 
It's very good news - even though it's not the solution to everything (and thanks Ann for the extra info, and I know you weren't arguing a side, just posting some info), it will help some tenants.

Every little step that helps tenants is worth fighting for. The rental deposit scheme has helped, for example. Some landlords do still take the piss, but it used to be almost all of them, with such major obstacles in place to get your deposit back that hardly anyone could do it.

Hope this bill will actually go through this time.

Perhaps pointing out things like section 8 could help, because I get the impression that some people think changing any eviction law means no evictions at all, and obviously sometimes an eviction is necessary.
 
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