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CONCERNED ABOUT THE END OF S21 NO-FAULT EVICTIONS?

Private Landlord

Are you a private landlord?

If so, no doubt you will have seen the news about the government’s intention to review the S21 no-fault eviction process.

There is no fixed date for this review or when S21 will come to an end.

The reason given by the Housing Secretary for the review of S21 is that it is believed to be one of the biggest causes for homelessness of families.  The government wants those in rented property to have more security, feel settled in the community and be able to plan for their future with confidence.  I am unsure if removing no fault evictions will achieve these objectives.

There is no accurate data on the amount of S21, no-fault evictions, where the tenant is in rent arrears.  Most of my private landlord clients use S21 even when the tenant is in arrears, because pursuing Judgment for the arrears is usually a vanity exercise with no prospect of enforcing the Judgment and recovering the arrears. 

If S21 was to be removed the possession process under S8 Housing Act must also be appraised, to facilitate landlords in obtaining vacant possession of their properties more swiftly.  Particularly if you wanted to sell the property or move into it yourself. 

If the tenant is in rent arrears or is acting in an anti-social manner, under the current S8 ordinary possession proceedings take many months if not years to be dealt with and cost landlords thousands in lost rent, legal fees and court costs. 

I am unsure how the government intend to expedite the possession process.  With the closing of local County Courts and lack of judicial time (many being booked with 2 to 3 times the number of cases per day that they can hear, resulting in Adjournments and further delays), these issues need resolving in the first instance.

The reality will be that the removal of S21 will just mean the S8 process being streamlined and landlords will be forced to give a reason for seeking possession.  It has never been more important to reference your tenants and maintain open communication with them. 

If you wish to seek possession of your investment properties before the removal of S21 contact Mercian Law either on our website web chat function, or by calling 01827 215679 to discuss how we can be of assistance and the fees involved.

Disclaimer

Please note that this article does not constitute legal advice.  Mercian Law Limited have tried to make this article as accurate and complete as possible at the date it was written.  The laws of England and Wales change frequently, and you are advised to take legal advice before embarking on any legal action.

 

Posted by Verity Grigg

26/06/2019

Private Landlord