28th
Oct 2024
A landlord has criticised the Renters Rights Bill
arguing that abolishing Section 21 is dangerous and removes a crucial tool for landlords.
Image credit: iStock
James Scollard, a private landlord from Bournemouth, reached out to an
online PRS news site stating that Section 21 notices always have valid reasons despite being
labelled as ‘no faut’ by all and sundry.
He says: “The rhetoric for ‘no-fault’ evictions is wrong.
It should be ‘No-explanation needed’ evictions.
“‘No fault’ eviction suggests the S21 is given for no
reason or no fault on behalf of the tenant. However, it’s important to
understand every one of the eviction notices issued, has been done so for a
reason.
“For years, tenants would contact the local council about
the potential of going down the social housing route and for years the local
housing officers would advise the tenant they need to be served with an
eviction notice before they can rehouse them, but not to make herself
intentionally homeless by moving out.
“The tenant would then contact the landlord and ask the
landlord to send a Section 21 eviction notice. The council inform the tenant,
the tenancy does not end if they refuse to leave, but only ends if a bailiff
evicts them. The local council legally must rehouse the homeless and provide
emergency housing.”
Scollard, who operates a Property Management
firm in Bournemouth, argues that another justification for using a Section 21 Notice is to address anti-social behaviour
he elaborates on what this can entail in various circumstances.
He said: “Anti-social behaviour could include aggressive
behaviour, swearing at the neighbours, flicking fag butts off the balcony,
smearing the communal areas with excrement, drunk and wee-ing in the communal
areas, after parties at 4am with excessive noise, ringing the doorbell at 4am
four nights a week, cocaine and cannabis smelling throughout the block of
flats, alcohol issues, alleged rapist, alleged drug dealer, alleged brothel.”
He argues that solicitors and letting agents will never recommend a landlord to
pursue eviction through discretionary grounds. This process can take months and
might ultimately fail if tenants deny wrongdoing with claims like ‘it wasn’t me, prove it’
“Therefore, landlords are advised to use a Section 21
Notice – a guaranteed possession. No explanation needed. A guaranteed
eviction.”
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