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 Scrapping Section 21 may take three years says industry expert

A leading experts on the private rental sector predicts it will take three years for the government to scrap Section 21 evictions powers.

Paul Shamplina - Head of Property for Hamilton Fraser and founder of Landlord Action, and also the star of the Channel 5 show Evicted! Nightmare Tenants - says 2022 will see at last the government’s plans to end S21 powers for landlords.

But it will first appear in a long-promised White Paper and then take substantial consultation and legislation.

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“I predict that this will happen in approximately three years. For landlords, removing the option of using a Section 21 to evict a tenant who is in violation of their tenancy, risks the process taking longer and will certainly make it harder to regain possession. 

“I hope the Government takes this on board and expands the grounds for possession currently laid out in Section 8.”

Shamplina makes the forecast in a personal contribution to Landlord Today.

He continues: “There are also proposals [in the forthcoming White Paper] to improve how landlords can be held to account, through landlord redress and establishing a landlord register. 

“Tenants who are renting direct from landlords don’t currently have any come-back when things go wrong. But for me there is an argument that if you have landlord redress, why do you need landlord registration as well? If a mandatory landlord redress scheme was set up, this would provide sufficient recourse for tenants.”

 

The government has been looking at how to address issues tenants have at the end of tenancies where they must find extra funds to cover a second deposit on their next rental home.

Shamplina adds: “There are proposals to address this gap through a ‘lifetime deposit’ system where a tenant’s deposit would transfer from one landlord to another as they move. The question is, how to bridge the gap if the deposit has been retained to cover damage or rent arrears and the tenant fails to make up the difference?”

You can read Shamplina’s full contribution here.

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    Nothing this goverment does makes any sense. Apart from them trying to destroy Britain. My guess is the legislation will be rammed through to catch out landlords.

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    Hardly removal of Section 21 as its not S.21 anymore, its been Stripped Bare already and only a Powerless Remnant left.
    Any excuse can’t use it, find you haven’t put the Deposit in a ponzu scheme correctly, haven’t got the license that you didn’t know you should have as similar neighbouring properties also let with people living in them with license not required, haven’t served Shelters ‘How 2 Rent’, alleged property damage usually caused by Tenants seldom property damages itself. fiddle with Boiler is good one if Court case coming and say no hot water, the 2 months notice has to be server in particular ways so as to void it for you but now 4 or 6 months who knows, loads of other stuff like 2015 De-Regulation Act brought in to hammer S.21 mainly.
    Its a bit like selling a car you have stripped, no wheels, steering wheel, engine, gear box or doors not much of it left.

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    With you all the way Michael and Edwin. The existing so called "system" is not - as they say - fit for purpose and is heavily biased towards the Tenant.
    It is not only inefficient, but is also overseen by Judges who are not experts in housing law and therefore make some odd decisions, some of which appears to be to justify their very own existence.
    So scrapping Section 21 may not be too bad providing the powers that be replace it - and the shambles associated with gaining possession that is in place at the present time - with additions within Section 8 that can be used by Landlords to evict those Tenants who, through the tenants own lack of appreciation and/or respect of their obligations whether non payment of rent or anti social behaviour etc, deserve to be "moved on".
    Added to which, and something that has in the past been muted, that a separate court system with presiding Judges who are well versed in Housing Law to be set up to deal with possessions and the like.
    I somehow doubt whether either of these will ever come to fruition because, as is so often the case, Legislators fudge around and create legislation that is so ambiguous that it will be left to Judges to determine exactly what is meant by the ambiguous wording and that will undoubtedly be based, in principle, or what has gone before.

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    Most of the time a tenant is evicted for rent arrears, or the Landlord needs to sell property. The S21 is not quick anymore either, if they made section8 much more efficient and set a tribunal service instead of courts it would speed up eviction, if required. Abolish s21 will raise initial rents.

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    I never thought I'd see the words Paul Shamplina and expert mentioned in the same sentence.

  • Matthew Payne

    If they want to do it properly with a fit for purpose, accelerated court system to replace S21 it will take at least 5, any less will be a Blue Peter job as usual. The backlog of claims from the pandemic is going to take a couple of years to clear on its own, some say longer, let alone reforming, expanding and trialling the whole system.

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    Balvinder, the answer is very simple just reinstate Section 21 how it was implemented, remove all the nonsense tags that were attached in recent years, very often by People & Organisation's with no in-put standing on the side lines chuckling spanners into the works. I take it you haven’t been to Tribunals no offence.

  • PossessionFriendUK PossessionFriend

    Landlord's repossession ( albeit lawful and justified ) causes too much pressure on Local Authorities to pick up the pieces which they have demonstrably failed to do for many years.

    There is no incentive for govt to make Tenant eviction any quicker or in larger numbers, in fact, quite the reverse as I've explained above.

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    "overseen by Judges who are not experts in housing law " - never a truer word spoken - they don't understand what's going on and the tricks that they use.

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