No-Fault Evictions to be Banned in England

No-Fault Evictions to be Banned in England

No-Fault Evictions:

It will soon be impossible for homeowners to evict renters at short notice.

The new plans necessitate that they have a good reason for eviction.

The government is planning to protect tenants from unethical homeowners.

Also, it provides better long-term security to renters.

No-Fault Evictions

Normally, under Section 21 notices, landlords can evict renters without reason.

The only limitation is that the fixed-term tenancy period must be over.

According to the National Landlords Association, there was usually a need to use the notice.

This is because they did not trust the courts to deal with possession claims.

However, an organization working for renters took up the case.

The organization initiated the plans.

According to the organization, the plans would help in stopping profiteering from the housing.

These plans are not just limited to England.

In Wales, the government wants to implement similar plans.

In Scotland, new rules came to effect in 2017.

The rules make it compulsory for homeowners to justify why they are evicting a tenant.

Nevertheless, in Northern Ireland, no plans are on the ground.

Peace of mind

Housing Secretary, James Brokenshire, commented on this.

He noted that it has been proven that Section 21 eviction led to most family homelessness.

No-Fault Evictions

Therefore, changes would make things more stable.

Families renting homes would be able to complain when having issues.

This is because the landlord would not be able to scare them with a no-fault eviction.

A study was conducted with 2,001 private tenants.

The result shows that renters who complained formally had a 46% chance of getting an eviction.

The eviction would likely occur within six months of complaining.

Therefore, there are plans for quick redress to homeowners that want to regain possession.

However, it must be for a legitimate cause such as moving into the home themselves.

Another good reason is selling the rental property.

Currently, it is possible for a landlord to give a renter eight weeks’ notice.

Then, they can evict the tenant as long as the fixed term contract is over.

The new plans will change all these.

The homeowners would need to give a legitimated, proven reason.

The reason must be something specified in the law already.

Similarly,  the noticeable change in the protection of tenants.

The plans will protect renters from the unethical act.

They will enjoy peace of mind deservedly as long as they are responsible.

Also, the prime minister commented on government action.

The government would protect tenants from unfair evictions.

Favouring the renter

A landlord in Warwickshire contributed to the discussion.

He said the system only favours the tenant.

That is, it is against the homeowners.

Using Section 21, he evicted a renter who owed rent for four months.

He noted that only a Section 8 eviction is open to homeowners.

This alternative showed that tenant could change the process by paying his rent in arrears.

However, the renter could stop paying later.

Despite using Section 21, the renter stayed for 6 months without paying.

This cost this landlord as much as £5,000.

According to him, if the tenant went to court it would be worse.

This is because it would require as much as a year to evict the tenant.

No-Fault Evictions

Therefore, he concluded that the plans favour the renters.

So, he asked whether renting out a property is worth it again.

Lack of confidence

The National Landlords Association (NLA) expressed a lack of confidence in the system.

The NLA noted that members should have a chance to utilize the Section 8 possession notice.

This notice should help them evict a tenant who violated tenancy terms.

Possibly, the renter may refuse to move out.

This means homeowners need to spend money on a court proceeding.

Resultantly, there was a need for homeowners to use Section 21.

This is because they doubt the ability of the court to help them using Section 8.

Nevertheless, the chief executive of NLA said the new plans would affect tenancies.

Many tenants would stay in a rental for too long illegitimately.

So, he said there should rather be the improvement of Section 8.

Likewise, the court process should improve too.

All these should be done instead of banning Section 21 notice.

According to a spokesman for the Ministry of Housing, court process would improve.

Consequently, the court would deal with Section 8 issues more quickly and seamlessly.

No-Fault Evictions

However, the eviction must have a justifiable reason.

One of the campaigners for ending no-fault evictions also spoke on it.

She said the campaign would be pivotal to stopping profiteering from the housing.

Also, it would provide better housing model for individuals.

A north London renter expressed her shock when she got an eviction notice.

She noted that the notice came after complaining about a leak in her home.

The eviction notice was for just two months.

So, she and her boyfriend needed to get £3,000 to move quickly. She noted how the eviction disrupted her plans.

A great victory

A housing charity said that the plans would improve lives.

It would be a great victory for the 11 million private tenants in England.

Likewise, the shadow housing secretary of Labour, John Healey, contributed to the discussion.

He welcomed the good development but noted a loophole.

He said if homeowners can still increase rent to force out renters, the plans would have no effect.

The Labour party made lots of promises to reform the rental industry.

One of which is ending Section 21 evictions.

He concluded that new rights and protections are compulsory.

Resultantly, increases in rents, poor homes, and unjustified evictions can end.

Is there an increase in Section 21 notices?

Official statistics do not have most Section 21 notices.

This is because the majority of renters do not challenge the notice.

They mostly choose to move out of the property after getting the notice.

Nonetheless, it is only when the tenants challenge the notices that statistics are provided.

From the available statistics, since 2011, there is a significant increase in the use of Section.

Last year, over 10,000 repossessions took placed by country court bailiffs.

The repossessions occurred through the accelerated procedure.

Hence, there were no court hearings for them.

So, the evidence is pointing at the fact that the use of Section 21 is increasing.

Dealing with Section 21 notice? Need any assistance in handling your renters?

Get in touch with us today at Reneza.

We promise to take care of your real estate needs.

No-Fault Evictions

No-fault evictions take place when private landlords evict tenants at short notice without providing any legitimate reason after the fixed-term tenancy period is over.
For now, in the UK a landlord can evict renters without a reason with the only limitation that the fixed-term tenancy period has to be over. In the future, the government is planning to implement new rules that would make it compulsory for homeowners to justify why they are evicting a tenant. The reason will have to be something specified in the law already.
After the fixed-term tenancy period is over the landlord can evict a renter due to various reasons that are in line with the laws i.e. selling the rental property, moving into the home themselves, violations of rental agreement etc.
You May Also Like