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News Article

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

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

Scrapping Section 21 Does Not Mean Landlords Should Sell Up

30th Jun 2022

Landlords should not be overly negative about Section 21 being abolished as outlined in the White Paper for rental reform, according to a landlord eviction firm.

Image credit: Unsplash

In its proposals the White Paper says landlords will have to provide ‘legal’ reasons to carry out evictions which may include wishing to move back into a property or selling up.

The spokesperson for the trade body says: “Whilst this will be unnerving for some landlords, the reality is that this has been a long-time coming and I believe those landlords who are committed to buy-to-let will remain.

“The changes offer tenants greater security as part of a plan to create longer tenancies. However, implementing more mandatory grounds of possession under Section 8 should also strike a chord with tenants, demonstrating that rent arrears, criminal and anti-social behaviour will not be tolerated.

“Previously, landlords have used Section 21 in these cases because trying to collate witness statements from co-tenants and neighbours has been challenging and often fruitless where the ground was discretionary. Knowing this procedure is mandatory will mean a judge has to grant possession as long as the requirements are met and evidence provided.”

He is more than disappointed by the government’s intention to extend the notice period for eviction because of rental arrears from two to four weeks but says: “I welcome the new mandatory ground for repeated serious arrears to prevent tenants paying off a small amount of arrears to stay below the eviction threshold. However, I believe falling into series arrears twice in three years should be sufficient enough for mandatory eviction rather than the proposed three cases.

“It is positive news that the changes have not been rushed in and the transition will be in two stages with at least six months' notice of the dates that they will take effect, and at least 12 months between the two dates. With concerns surrounding the cost of living, rising interest rates and impending changes to EPCs, I do think it is likely we will see an initial spike of landlords using Section 21 before the changes come in, of which the unintended consequence will be that perfectly good tenants will be evicted.

“35 per cent of landlords’ instructions currently use Section 21 notices, so this is an indication of how much additional resource the court system will require, and a new robust system must be implemented to give landlords and agents the reassurance they need.

“However, much of what had been announced was expected.  It will take time for landlords to adapt and understand the new rules but as with everything, the market will adjust and find its new norm.”

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

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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/