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Delaying scrapping Section 21 is the right thing to do, say agents

The scrapping of Section 21 and other provisions expected in the government’s White Paper on rental reform have been delayed until next year - and that’s the right thing to do, say letting agents.

Proposals for a Renters' Reform Bill was first announced in December 2019 but the idea has since shifted to a White Paper expected pushed back until 2022.

While a cause for uncertainty for the private rented sector, ARLA Propertymark has welcomed the latest delay and believes it was always too big a job to try to squeeze wholesale reforms into two years.

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The trade body hopes the delay will now help the government follow through on its pledge for “a package of reforms that creates a fair private rented sector that work works for both tenants and landlords” as well as reflecting changes and challenges during the pandemic.

Propertymark says it’s concerned about the impact on scrapping Section 21 eviction powers on current and future landlords in the sector and the consequential effect of raising rents, all without a meaningful plan to boost the social housing supply.

Timothy Douglas, policy and campaigns manager at the organisation, says a delay is not a surprise given the scale of the proposed reforms and other issues in the inbox of new Housing Secretary Michael Gove.

“Due to the significance of the proposals, it is only right that the government do not rush into making large-scale reforms to the private rented sector in England without taking the time to develop them properly” explains Douglas.

“There are six consultations impacting on the sector that are currently awaiting a response from the UK Government and we are yet to see the Secretary of State set out a full list of priorities. Furthermore, there has been no response from the Department for Levelling Up, Housing and Communities to the recommendations in the RoPA working group report.

“The pandemic has also introduced new challenges that must be considered, shining the spotlight on notice periods and heightening the need to improve efficiencies to the possession process in the courts in addition to finding solutions to improve affordability, supply and supporting landlords and letting agents who have worked hard to sustain tenancies throughout the pandemic.

“Time will tell whether the government can achieve what it wants or whether the goalposts have shifted. Rumours of a General Election in 2023 means the pressure is on to develop and deliver these reforms.

“Propertymark remains committed to representing its members and shaping the future of renting, so we get regulation of letting agents and we fill gaps in redress extending the requirements to landlords who fully manage property only.

“We also think a system of all mandatory grounds should be adopted to effectively compensate for the removal of Section 21 and technological solutions need to be found to digitise possession claims as well as acknowledging that early-stage conciliation and mediation have a role to play to play in disputes and possession proceedings.”

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    The AST was introduced in the Housing Act of 1988. An enlightened piece of legislation the aim was to make renting property fair Landlords and Tenants. On the whole it has worked extremely successfully providing affordable Homes to millions of Families.
    Section 21 is a vital part of Landlords having the confidence that they can invest/risk their own money, Not Tax Payers , in a rental property. And actually get the property back if they need or want to at the end of the tenancy term by giving the correct notice. Without having to spend a fortune in Legal Fees, and hours trying to comply with over complicated and unnecessary rules and
    regulations, causing delays. Where the non rent paying /Anti social Tenant will have no expenses sparred free access to all of the Government, Legal Profession , and Local Authorities resources they can muster to stop you getting your property back .
    The effects of recent Government and Council policies, Whilst helping the few have had the effect of increasing homelessness , and rents. for the many.

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    Could Section 21 have the employment law timescale applied? I.E. In the first 2 years of residence, a section 21 can be sought as normal, but after 2 years of residence, the tenants/s gain additional rights/protections, in that, the section 21 must have justified/proper reasoning and can't be 'no-fault'.

  • Theodor Cable

    In that case, I would renew the contract every 2 years and start a new one.

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    I am a landlord. I went to my MP quite a number of times to cpmplain about an injustice and I spoke to people in the queue.It bbecame clear that quiite a few of them were trying to rig the system to get a better place to livve in. Quite common was things "falling off" like tiles, cupboards etc. Or people deliberately overcrowding, or turning up from another country with a sob story.. Its clear to me that MPs know exactly what bad tenants can be like, and why section 21 is so necessary, Howver its a good vote getter, everybody wants someting for nothing. Most MPs will have friends who rent out and will advise them of awful teants and how bad it can be to be a landlord. I am very aware that councils will often unload problem tenants on the private sector.

  • Theodor Cable

    Amd the private sector should say a resounding NO!!!!!!!

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