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Graham Awards

TODAY'S OTHER NEWS

Landlords can evict tenants for requesting repairs, claims Baroness

The Baroness who leads the Generation Rent campaign group says landlords are currently “able to evict tenants just for requesting repairs or on other spurious grounds.”

Baroness Alicia Kennedy makes the claim in a statement accompanying the release of new research from her group. 

It says scrapping landlords’ Section 21 eviction powers could reduce homelessness by nine per cent and save £161m in taxpayers’ money annually.

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“The government’s commitment to abolishing Section 21 means that landlords will no longer be able to evict tenants just for requesting repairs or on other spurious grounds. But without further protections tenants could still face hardship and homelessness if their landlord decides to sell up” says Baroness Kennedy. 

“It cannot be right for a housing provider to leave their customer in the lurch and expect tenants and taxpayers to pick up the bill. Renters can never enjoy a stable life if they can have the rug pulled from under them, so the government’s reforms must make sure renters get proper support during unwanted moves” she continues.

Generation Rent claims that since April 2018 “68,430 households have faced homelessness after their landlord evicted them to sell or re-let the property or in retaliation for a complaint.”

It wants changes to the law to order landlords who wish to sell “to compensate their tenants for a blameless home move” and “ban evictions where landlords simply wished to replace their tenants or avoid responding to a complaint.” 

It is also demanding open ended tenancies, greater time for renters to find a new home, and a broad desire to see “no excessive rent increases to force an eviction.”

 

 

This morning's statement from the group makes no reference to government figures, announced to the House of Lords by junior housing and communities minister Lord Greenhalgh who said late last week: “We have actually seen a massive drop in the number of repossession cases. It decreased to 262 repossessions in January to March 2021—a reduction of some 96 per cent—and 214 local authorities had no landlord repossessions at all.”

Instead, Generation Rent claims that what it calls “unfair evictions” directly cost councils £161m in 2019-20 through responding to 28,150 homelessness cases and housing an estimated 8,057 households who had been evicted unfairly in temporary accommodation. 

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  • George Dawes

    I wonder how many properties this baroness owns ??

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    More than likely none owned in her personal name, all in ‘discretionary’ trusts, Holdings, LLP or company/another family member’s name. Probably also investing into BTR - similar to Sadiq Khan-for own gains whilst kicking the small LL’s by enforced rent controls & delayed evictions policies.
    They know how to use the system, and have money to pay specialist ‘advisors’=tax lawyers, accountants & HMRC trained inspectors.
    That’s just how the Lords, Baronesses, & politicians roll - try to check how many properties Blair’s or Corbyn’s & Keir’s/any other Labour/Lib Dem/anti LL socialist politicians own and you will draw a blank. Dig deeper & discretionary structures come to surface, unfortunately for small/accidental good LL’s these politicians would never do the right thing.
    LL’s have to take matters in iwn hands.

    Please support Zobia Rafique’s campaign for Justice for LL’s:

    gofund.me /5c6a74d6

    Best wishes to all - including long suffering good LL’s always under attack by Generation Rent & Politicians.

     
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    I can recommend a good libel lawyer, A Bhalla. You're going to need him.

     
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    Leics Landlord, same old record !

     
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    You're in no position to talk about records, Andrew. We all know about yours.

     
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    The abolition of section 21 would not cause me a problem as in the 30 years I've been a landlord Housing over 10,000 tenants I've never had to use it . I always evict for fault which has always been rent arrears . I have never had to use ASB as all my ASB tenants have been in rent arrears . I very much question where the Baroness gets her figures from. I suspect all that will happen is that the same number of tenants will be evicted but the cause will be shown which will be rent arrears .

    May I suggest that landlords should support the abolition of section 21 to improve their reputation ?

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    Respectfully Jim not agreeing with you on this one

     
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    I agree Jim. I have only been going 26 years and in my 3 trips to court a well prepared section 8 works every time.

     
    Matthew Payne

    I dont disagree Jim with you in theory, but in practice it wont work. Before the pandemic, it was 5.5 months to get a S8 possession order, plus time to evict etc. The courts are not fit for purpose in this regard. Now add in a 3 year backlog, and then all the S21s that now become s8s where LLs used to simply want a quick regain of possession without fuss, and the lead time to an order will be a year or so, after the backlog has been cleared.

    If the court process was efficient and turned these claims round in a sensible 4 weeks then I agree losing S21 wouldnt really matter, but we are light years from that distant reality.

     
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    I second MP’s suggestion.

    1 week for notice using online gov.uk/MOJ tenant eviction simple forms, online submissions by LL, & 4 week turn around for tenant Eviction Order enforced by Police (instead of waiting another 4-6 weeks for bailiffs) due to
    No rent (regardless of their circumstances),
    lack of Property maintenance, tenant refusal to allow access for inspections,
    tenants overcrowding,
    HSE dangers reports, or ASB/cannabis farms & similar reports from neigbours- an immediate eviction by the Police,

    If these solutions are provided to LL’s to protect their capital assets from rogue tenants - I would happily support s.21 abolition.
    Best wishes.

     
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    Provided section 8 is reformed to allow bailiffs to be instructed after 10-15 days of non-payment of rent without the need for 9+ months of court waffle then sure - go ahead. I have no problem with letting a tenant who's fallen on hard times go for a month or so and no problem hammering smart-arsed scum with a CCJ. I suspect generation rent haven't thought this through - lots of future tenants are going to have irreparable credit scores when s21 goes.

     
  • Ferey Lavassani

    Like Jim, I have no problem with the abolition of Section 21. But "compensating the tenants, if you wish to sell", is one I cannot digest. Basically, what this woman is saying, is to share equity with your outgoing tenant. Therefore your freehold, will no longer be a freehold, since there is someone else who has some rights over it. I wonder what buy-to-let lenders think about that.

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    No Daddy, don’t agree before Section 21 was interfered with by Shelter mostly and others Tenants behaved because they knew you could do something about it if they didn’t. So we didn’t have those current problems like sub-letting over crowding etc, just because you let individual rooms and have rights to access you can’t have any of the above plus other LL’s using Agents for HM0’s mostly now to Digital Academic parading as Companies, the LL gets his money alright but they make as much more subletting not complying with the rules, usually short let’s AirBnB type or taking single shares off the Council. The Council loves this fraudulent activity it suites them do they call it R2R ?. I know Alacia is right it will save the Council fortunes without S.21 Tenants can’t be turning up at Civic Centres with their Court Order to be housed guaranteed we’ll be stuck with them. We had those White Papers & Green Paper before you were a LL Daddy when Sir George Young was Minister bless him in the process of introducing S.21 or any of you wouldn’t be LL’s, where were you or the letting Agents before that, weren’t there no such thing only a handful in London which is why we have S.21. I urge LL’s not to be taken-in we didn’t want HMO’s either in the first place it was forced upon us, it suites Daddies dividing property into cubicles incl’ sittings rooms to let to individuals for maximum profit not my way, it’s a kin to bedsits of the 1960’s. M Foley LL 43 years.

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    Decent tenants do not get served with S21!!! How many times must we say that LLs do not evict good tenants before we are heard? S21 is used because it is quicker and easier than s8 to evict for arrears and other issues but no LL wants to evict a good tenant.

    Like Jim, in 20 years I have issued 1 S21 - because I needed to sell a property, so its abolition is not of a huge concern to me. But the Govt must tighten up on S8 so rogue tenants can be evicted.

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    These tenant groups are missing something here, in 30 yrs I have only ever evicted for non payment of rent and used sec 21, the so called '' no fault eviction'', once sec 21 goes we will have to use sec 8, as Jim above points out this gives the reason for the eviction, that reason will remain with the evicted tenant, how many landlords are going to rent to a tenant with the record of a sec 8 eviction, far from reducing homelessness this is going to increase it.

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    You've admitted to illegally evicting tenants on here...

     
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    Yes John I have, so what ? that was back in the 90s and also for non payment of rent

     
    Bill Wood

    Using a S21 instead of S8 is actually doing the tenant a favour.
    As Andrew points out, a tenant with a S8 history will find alternative accomodation very difficult.

     
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    Threatening again on this forum John Smith you are behaving like a fascist bully.

     
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    You're a snowflake jahan, melting everytime someone challenges you..

     
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    Ah banter John Smith from the unluckiest tenant in the UK as all his tenancies seem to end with a Section 21 - what rotten luck mate but hey could be worse eh

     
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    It's not banter you're a literally a cry baby, yet you and Andrew think you're some tough people, untouchable...

     
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    We didn’t have to use S 21 very much because the Tenant knew it was there, you are missing the point why was it brought in, it was brought in because there was no LL’s to provide property and if let anyone in they immediately became a sitting Tenant, your property became virtually worthless over night and you would pay the Bank to house someone else, that didn’t work very well did it, hence S.21 to guarantee owner a right to his property.
    Fery is absolutely correct to be concerned about Freeholders rights. We are going back to where we were in the 60’s / 70’s before, that’s fine keep sleeping walking into it, clearly if someone occupied your property and have full control over it, it’s not Freehold in essenes it’s not yours. I don’t have time for all this I have plenty to do.

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    With these stupid ideas, there will be no investment in the UK property market from home and overseas investors, something which is mandatory post brexit/covid

  • Stephen Chipp

    The problem no one is mentioning is that only the landlord or a solicitor is going to be able to have legal standing in Court for enhanced Section8 if Section 21 is abolished....lots of money for lawyers and more landlords considering their positions. In 20 years of being a good (I hope) letting agent I have never had a landlord spitefully give notice to a tenant. Most landlords, shock horror, want long term tenants paying the rent.

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    I think a lot of section 21s get issued because the tenant is actually at fault, usually struggling with the rent, and the landlord wants to give them every chance to find another home and make a fresh start. Section 8 goes on the tenants record and makes it very hard for them to find a new home.

     
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    Stephen I want long term tenants as well and I have quite a few 10-12 yrs+ but I’m not having tenants thinking they are in charge in this relationship cos that doesn’t work. If I can’t evict I will sell as I won’t house nasty complaining resentful tenants. Especially the ones that say they are paying your mortgage off with their rent

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    Whenever I read things like this I feel like selling up and getting out. It's a pity as I've never evicted a tenant and I have a great relationship with all mine, but things like this make me feel pressured when things are already difficult.

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    Alacia, must know full well you can’t evict a Tenant for reporting repairs is that not part of the 2015 De-Regulation Act so why say such things. We always deal with repairs immediately anyway.
    There might be grounds for eviction if the Tenant caused the disrepair which is likely to happen. I had had plenty of damage done which is why I am busy now putting it back how it should be. I wish they’d ban impact drivers everyone putting in too many over sized screws just because it’s easy for them to do but never again to be got out, try it some time, doubling maintenance costs.

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    Had a thought that without a S21 there will ONLY be S8 (or an equivalent) tenants will, if they have a couple of brain cells working, decide that they will vacate rather than have the S8 eviction due to arrears of rent. This could work you know and the snowflakes may just realise that they have to pay rent and can not just hang in there and pay nothing.
    We all as landlords need to take stock of this and work out the advantages.

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    Agreed, and in the long run I think this could work well for us, rouge tenants will be shooting themselves in the foot.

     
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    Until these hate groups are held to account for this sort of hate propaganda nothing will change,

    If these kind of completely false statements were made about any other minority group it would be treated as a hate crime

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    I read your many comments with interest but for me I always felt even Section 21 sold us short. As only the County Court or the Tenant a temporary occupant, could terminate the Tenancy the Landlord / owner could not, was that right or fair anyway you look at it, a matter of 6 months process before any back log, it cost me £1500. Legal Solicitors fees + vat of Course. So now it’s going to be replaced with something worse. There was also the 12 months rent arrears that I never got. I got the Court Order which granted me the money plus interest. I was so green I left the Court believing I would get paid silly me. I was working 15 hours a day trying to keep Bank and tax man at bay, while this Asian man drove around in his BMW dressed like a lord complete with lap top. Sorry I have no knowledge!.

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    That's how these people work which is why I will not deal with them, that's not being racist, it just makes good business sense not to deal with them

     
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    True-it’s painful to get a court order but not see the money 💰.
    I’m still waiting for £20k+ from a court order in 2013 against an Egyptian tenant.
    They come in All guises - Asian, British, European, Brazilians, Russian, Middle Eastern, African, Australian, Caribbean and American.
    I have had a run in with all of them-found Israeli, Americans, Caribbean, and APAC region tenants more honest than others.
    Unfortunately I don’t trust our own British or Asians-specifically from the country beginning with Pa either except for 1 English male tenant of 4 years without probs-Welsh & Scottish had to be evicted for ASB.

    Anyone wanting to see how the tenants plan to use our soft laws-just join FB - UKVI, or another UK immigration groups, people give advise to unscrupulous tenants about UK laws to take advantage of ‘soft laws’ against LL’s,
    or join Rent a room, BTL or any of the tenant forums and you will observe that people of all kinds of anti LL plans.
    Discussions in these groups are an eye opener for me as a LL re what tactics are/will be used by potential future tenants, and which areas are being targeted.

    Becoming LL should carry a risk ahead warning ⚠️ -definitely not for the faint hearted. Best wishes.

     
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    Censorship, silly me thought we were pretending to be a democracy

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