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OTHER GUIDES & TIPS

Generation Rent accuses landlords of failing to sell after evictions

The Baroness leading the Generation Rent campaign group is accusing many landlords of failing to sell - despite having said they would do. 

The group says its research in Scotland - based on a small sample of just 125 evictions in three years - shows that nearly a third of private landlords who evicted in order to sell the property had failed to sell the home more than a year later.

A further nine percent of cases of tenants evicted on grounds of sale saw the home sold to another landlord who re-let the property.

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Generation Rent is calling for extra protections for tenants who face eviction for reasons beyond their control, including a requirement for landlords who wish to sell to advertise the property with a sitting tenant before seeking eviction, relocation payments for tenants, and periods where the landlord cannot evict tenants who have not broken the terms of their tenancy agreement.

Campaign director Baroness Alicia Kennedy says: “These cases represent a minority of evictions in Scotland but the number of properties that are re-let instead of being sold, or are bought by another landlord, indicate that tenants are still getting a raw deal.

“Despite the 2017 reforms, this research suggests it is too easy for landlords to claim a ground for sale yet seemingly abandon plans to sell them. That’s why we’d like to see incentives for landlords to keep the tenant in place.

“The consequences of ground 1 evictions are devastating for the tenant. Unwanted moves cause stress, loss of savings and risk of debt, and disruption to education and work.

“Landlords will always need the option to sell, but governments in both Scotland and England must ensure that private renters have the best shot at a long-term.”

In Scotland, private landlords can only end a tenancy that started since 2017 if they have one of 18 legitimate grounds.

If a tenant served with an eviction notice does not leave after the notice period ends, the landlord must apply to the Tribunal to seek possession.

Generation Rent says that in its survey, out  of 74 cases where the landlord was awarded possession between 2018 and 2020 based on their intention to sell, 21 had still not been sold.

Ten of those were still on the Scottish landlord register, suggesting they had simply been re-let.

A further seven homes had been sold but were registered to a different landlord indicating - says the Baroness - that the original tenant could have stayed put and the eviction was unnecessary.

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  • icon

    I've rented property for over 30 years, and most tenants move on after 2 years. Due to the massive flood of immigration, property is becoming scarce, so they might stop longer. I am aware of foreigners who buy property and often leave it empty.

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    What’s another day another accusation about Landlords by the bashers who supply no housing and cause as much damage as possible to the Tenants they pretend to help. They are so desperate to bring the Recession forward but no need to worry its here, next they will be complaining that Landlords aren’t buying. The one’s that didn’t get on property ladder are the lucky ones. Those that did and got roped into expensive long term Mortgage’s are up against it, come on now Shelter & Generation Rent try giving the lenders a bashing and prevent them from recovery of the property see how you get on when they withdraw their services.

  • PossessionFriendUK PossessionFriend

    Generation Freeloader Rent are the majority of decent Tenants worse enemy and need to be seen as such.
    Attacks on the PRS have reduced availability, increased rents and made things much worse for Tenants.

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    Do these people not know how long selling a property can take? Or how many sales collapse because someone further along the chain has a problem?

  • George Dawes

    These lefty loons have no idea how business works , pontificating from their public sector parapets

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    A shortage of Rental homes in Scotland, Scottish Association of Landlords (SAL) claim members report 80% drop in available properties to rent. Students left Homeless amid rental Shortage . 100`s of people looking for Homes . Why ? According to SAL
    Because in 2017 Scotland introduced The Private Residential Tenancy.
    Please read the full Article by Alasdair Clark October 11 2021. (the courier)
    Please also read the Scottish ` Private Residential Tenancy. ` Why read it ? Because this could be what Boris and the boys who only seem to be listening lobbying groups and ignoring the actual facts could be planning for us.
    I am not from Scotland , So I have no first hand experience and would welcome comments from Landlords who have been affected

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    I have stopped renting to families because it's virtually impossible to get them out without putting the property up for sale. However I don't have to accept a price I think is too low, so may decide to rent it out again perfectly legally but to better vetted tenants.

    Most of my tenants now are students and move on after a couple of years.

    Scottish families wanting to rent have much to curse the SNP for with this crazy PRS legislation.

     
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    I have to disagree with you there Robert I like renting to proper families they tend to make a home and stay longer which I like , but not the single mums that milk the system though.

     
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    This sounds like another dig at the PRS, but……. If the rule is you sell after stating that is why you’re evicting, then that is what you have to do, but that includes to other landlords, they are a legitimate buyer in my opinion. I am no fan of Gen Rent and the other champagne socialists but if we are not careful then this is exactly what they will jump on to tighten the legislation even more. If you evict to sell the property… then sell it !! Do not then rent it out after a few months.

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    To be fair its possible that a landlord fully intends to sell but then things go wrong, either with the sale process, their personal situation, or the housing market. eg If it was a repeat of 2007/ 2008 then the price may crash in a short period, and then its not viable to sell as nobody is buying for a year or 2. I had a property in negative equity for about 10 years (bought in 1989).

     
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    We're not obliged to sell at any price.

     
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    30 Years ago I bought a property from a landlord with a tenant in it, I will never make that mistake again !

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    I bought one in 2015 with tenants and it was one of the easiest transactions I've had in the last 10 years.
    It was very specific circumstances though. The property was next door to another house I own and I knew the tenants. Their landlord had given them notice, they couldn't find anywhere suitable and they were aware rents were a fair bit higher than they had been paying. They knew the choice was pay a lot more to live somewhere inconvenient or pay a bit more to stay in the home they had lived in for 6 years. The previous landlord discounted the sale price a bit as he wasn't having to pay an estate agent and wouldn't have any lost rent during the sales period.
    So it worked well for all parties. I bought a house for slightly less than it would normally be with good tenants and rent from day one, the other landlord finished up with slightly more than selling it with vacant possession as he had rental income until completion and the tenants kept their home, didn't have any moving costs and a smaller rent increase than if they had moved.

     
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    It certainly can take a long time to sell especially if in a chain which is vey likely. I was once in a chain of seven which broke multiple times and I was the only one putting up new money all others selling to buy and the chain couldn’t start without me, riddle me that.
    Regarding removing S.21 the removal of S.21 shouldn’t apply to multiple Sharers but retained for Tenants on one Contract when some leave obviously the Contract is broken, further when Contract has ended you are left with a partially occupied property where that situation can’t be viable or allowed to continue.
    Section.21 should remain for Households on shared Contracts, there is no way a landlord can grant them long term forever Contracts. They come and go to suit themselves and or is this encouraging sub-letting and happening already by making LL powerless.

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    Organisations like generation rent should be banned for stirring up hate crimes against innocent landlords.

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    Also bearing in mind estate agents and solicitors generally advise to sell a property with vacant possession, so its quite hard to persuade them that you want to sell with tenants in situ even if you want to (less potential buyers) and they generally say you will get 10-20% less for the place.

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    It’s none of their Business whether we want to sell or keep or raise it to the ground, not their Property they are not buying it, it’s renting with no ownership rights claim to my property. How difficult is that understand. It’s also about time Gov’ made Registered Charity’s pay tax how about starting with Shelter. 40% of £60 million that will do nicely. They have no qualms about charging us 40% tax and we provide the property, what accommodation do they provide / nothing only attack those who do.

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    It seems we as Landlords also have to pay huge licensing fees, where as Registered Charities as I understand it have free Registration, that’s amazing + £60m + tax free income and then they got the nerve to keep attacking us. Their top brass on six figures Salaries but it seems they have nothing to do only attack us, that’s not a job so its unearned income.

  • David Saunders

    Selling a flat with what will be sitting tenants in situ and rent control around the corner will likely be closer to 50% less than a vacant one.

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    I have been letting since 1978 and at that time I was letting 4 bed Detached house for £100. per week, which was why Section 21 was required that we fought for or none of you would be Landlords do you want to go back there again and impossible to get any fool to rent to you.
    I have never bought or sold without vacant possession.
    Its bad enough to acquire troublesome Tenants myself but I Certainly don’t want to buy them.

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    My property was valued at £110k with tenants or £130 vacant possession. The tenants asked why I was getting the property valued and I reassured them I was not seriously planning to sell. They said they were thinking of leaving anyway and moved out six months later. The property sold for £140k.

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    I have rented privately for over 10yrs in wales. The first property i lived in for over 7yrs landscaped the neglected gardens and had fencing installed plus kept the house immaculate and paid rent ontime without fail. I was served with a section 21 as he found he could make more money using it as a holiday let. I have been in this house 3yrs kept it immaculate improved its condition paid rent early every mth to again be served a section 21 again. I suffer with various heslth conditions, all very serious and the upset and stress this causes is horrendous. I have done nothing wrong. To make it worse i now cannot find a property to move to.

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    I think your problem is Wales, the Welsh government has it's knife into landlords and many are finding it easier and more profitable to go down the holiday lets route, which isn't helping you and I fully expect that you will now find it hard to rent in Wales. I'm not a Welsh landlord, never been to the place and never want to.

     
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