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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

Landlords To Fastrack Evictions Before Imminent S21 ‘Prohibition’

23rd May 2022

A legal practice claims that because of the incoming Section 21 notice ban there could be a ‘deluge’ of extremely worried ‘landlords ‘fast tracking’ evictions before it is outlawed.

Image credit: Pexels

The government’s decision to scrap Section 21 of the 1988 Housing Act which allows landlords to evict renters without ‘cause’ with two months’ notice, was announced in the recent Queen’s Speech. The White Paper’s precursor to the introduction of the Renter’s Reform Bill will be ‘published’ shortly and will provide further details of the government’s intentions and timetable.

Michael Stock, head of property department at London law firm OGR Stock Denton, says: “There will be many tenants evicted before legislation is passed .We will potentially see panic evictions and a surge in private landlords selling their rental properties.

“Consequently, we’ll see a reduction in properties in the private rental sector, the ripple effect of which will mean more stress on the rental market. It  could cripple the sector. I don’t think this has been thought through at all.”

He wants the government to fully clarify how it will affect landlords wanting to sell their property and needing the tenant to ‘move on’.

Stocks says: "Landlords could now be held to ransom by a tenant who refuses to leave after the term of the lease is up. No buyer is going to hang around while the matter progresses through the courts. It’s all very well saying you can’t evict a no-fault tenant but there will be exceptions where a landlord wants to sell” says Stock.

The former Prime Minister Theresa May was responsible for initially proposing the scrapping of Section 21 in April 2019, and later that year when Boris Johnson took over the role he made the pledge as part of the Conservative Genera Manifesto that, “private landlords will no longer be able to evict tenants from their homes at short notice and without a good reason”.

Stock has contacted Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, voicing his concerns and requesting the exact details on how landlords with good cause or reasons ‘are allowed’ to evict tenants.

He believes there will be many tenants who will take advantage of far more protection to stop fair rent rises and for those landlords who either wish to move back into their property or hand over to a family member, could be obstructed from doing so.

Stock continues: “I can see an argument for rules that stop unscrupulous landlords coming up with a sham sale or unilaterally putting up rent unreasonably to get a tenant out, but there will also be room for mischief from tenants who can dispute fair rent increases and just staying on where there is a genuine proposed sale, knowing a landlord can’t get their tenants out.”

Currently tenants are able to fight S21 notices legally through court which can delay the eviction process for many months.

“There is a genuine fear that this is going to have a detrimental impact on landlords and their properties in several genuine scenarios, particularly small investors who have one or two properties and are hoping to sell one to release funds” insists Stock.

“I can’t see any drafting in the proposed  legislation to cover such scenarios and it’s a potential own goal that the government is going to score with its traditional supporters.”

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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/