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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think this is brilliant news! - the end of Section 21 (no fault evictions) for tenants.

39 replies

hummusexual · 15/04/2019 13:12

Before landlord types come on to complain about rogue tenants, this is to end NO FAULT evictions - ie. where the tenant is evicted when they haven't done anything wrong or dared to complain about something in their property which the landlord doesn't want to fix/deal with and currently the landlord can evict them (more or less after waiting 6 months if the council is involved). That is why so many tenants don't complain and keep their heads down - because the landlord holds all the power.

About bloody time this change happened. Tenants are treated like cash cows that can be abused willy-nilly by some unscrupulous landlords!

www.bbc.co.uk/news/uk-47927706

OP posts:
RomanyQueen1 · 15/04/2019 15:33

I don't think it's ll who put prices up, so many young people want to start off in a 3 bed semi, ready to move in.
These properties will be expensive, where we started on shells of 2 bed terraces that needed loads doing.
We learned how to maintain and repair our homes as we had to.
Now people have no time or cba to put the work in, expecting others to do it.

SarahAndQuack · 15/04/2019 15:38

Mould is often a tenant issue though, not a landlord issue.

It certainly can be a tenant issue, but equally, it can often be an issue with agents.

Our current house is susceptible to damp, and therefore to mould. A few months after we moved in, I pointed out to the agent that a large bush growing right up against the house seemed to have a lot of earth around it and might have to do with the damp problem on the inside of that wall. A few months later I looked again, and found that if I cut back branches, I could see that earth had build up until it was above the level of the damp course. I phone the agent again. After that I removed as much earth as I could (and it took ages because the bush had rooted into the ground every few inches and I had to hack it back). Now I've found the bush is growing through the brickwork in several places.

The agent's response? 'Oh, are you sure? I never noticed? I'll send someone out at some point.'

I'm not holding my breath to be honest.

We've also told them about the missing tiles where the birds are getting in, and the leak in the toilet cistern, and the badly-fitting windows and doors, and the fact that the unpainted window is slowly decaying (I can't repaint it myself; it's a casement that needs removing).

Our agents seem very nice people, but I do often find that agents don't have much interest in keeping the fabric of a property in good order.

SarahAndQuack · 15/04/2019 15:39

I don't think it's ll who put prices up, so many young people want to start off in a 3 bed semi, ready to move in.

Like who?! Grin

Most young people I know expect to live in house shares. That's the norm. Not a 3 bed semi!

53rdWay · 15/04/2019 15:47

Many first-time buyers want 3-bed semis, because by the time they can afford to buy they’re in their 30s with children already and can’t just hop into 2-bed terrace that needs a lot of work doing. (And these days those all go fast to cash buyers renovating + reselling where I live anyway.)

RomanyQueen1 · 15/04/2019 16:28

(And these days those all go fast to cash buyers renovating + reselling where I live anyway.)

They could go just as quickly to first time buyers just the same.
I've seen ftb at auctions too, but not as often as those with the cash not needing a mortgage.

DeeCeeCherry · 15/04/2019 16:34

I dont see how this will work as you cant force a landlord to keep a tenant, and/or give a lifetime tenancy. It will probably be almost the same as it is now except more landlords will go the lodger instead of tenant route where possible. Or only offer short tenancies, or go for hosting or Airbnb. It sounds good on paper for tenants but in reality there are too many ways landlords can counteract it.

OKBobble · 15/04/2019 16:52

I have only used a s21 once tk get rid of tenants who kept their arrears to £5 under 2 months arrears and were continually late. Once I served the s21 they paid no further rent and trashed the place to the tune of £5k damage. Cheers to that! And I was "fortunate" they left then rather than having to issue proceedings so I was £7k down in the end. If I had had to use s8 it would have taken far longer. As people have said on the other thread LLs will be forced to apply more stringent credit conditions to protect themselves ie. Affordability conditions and then tenants won't be able to afford to rent properties that they might have been able to before.

Yes there are some nightmare LLs but there are also some nightmare tenants. If there was a hybrid eg. a s21 that allowed quick eviction for non payers that did not have a money claim attached that would probably be a compromise.

GPatz · 15/04/2019 17:32

Treaclesweet - we also are also very good landlords and have made the decision to sell our property. I think our happy, long term tenant will suffer somewhat, as he can't afford to buy a property, but at least it means one less landlord and one less rental property driving up the market.

summerson · 15/04/2019 17:38

IMO this is terrible news. Section 21 doesn't evict "at a moments notice" ... let's be honest some people, landlords and tenants, are just bloody nightmares. If you are the landlord stuck with a rubbish tenant why aren't you entitled to get rid after their fixed term?

If you don't like your business partner or supplier etc you are allowed to change them, why can't landlords change tenants?

Some tenants can't be bothered to lift a finger and yes they do call the landlord for a blown lightbulb, grass needing cutting, the neighbours children playing too loudly etc etc... these are usually the same tenants who are late with rent, or having wild parties or smoking in the property when they shouldn't etc etc etc... why shouldn't a landlord be allowed to issue a sec 21 and find someone better suited?

I have tried a failed to evict a tenant with a sec 8 for nonpayment of rent and 4 months, £3k later had to issue a sec 21 to get him out because section 8 notice is a waste of time.

Why should someone "have the right" to live indefinitely in a property they haven't bought? Can the tenant still only give ONE months notice to a landlord?

Finally, won't this just lead to a bulk of short 6 month tenancies with higher affordability factors and if the landlord does want the tenant out, to just hike the price up so it's unaffordable? Urgh what a mess...

Ellenborough · 16/04/2019 06:50

summerson but then surely you’d be able to show that they’d breached the terms of the lease if they were a rubbish tenant. It’s no fault evictions at 2 months notice that are being stopped. Maybe it will mean so that you don’t go onto a rolling contract but that you have protection for a minimum of six months or a year at a time unless you breach the terms of your lease. I think that would be fair enough.

I doubt most LLs would opt to change tenants at the end of each 12 month lease unless the tenant was becoming problem. Maybe if the LL doesn’t intend to renew with the tenant after that will initial 12 months they would need to give notice at six months notice or something. Finding a new tenant is always expensive and risky. It’s not something you would do lightly. Anyone who is two minds about whether to sell their house or whatever in the short to medium term would be better just being honest from the beginning that it is a short term let only. There is plenty of call for those in certain areas.

On the whole I feel that the law is too weighted in favour of tenants but on this one thing I am in agreement that tenants need more protection. Having to repeatedly move house at 8 weeks notice when you’ve genuinely done nothing wrong is expensive and destabilising.

I suppose what will happen is that many LLs will state that the house is only available for a maximum fixed term of 1 year, 2 years or whatever and they wil give the tenant the option to stay longer when the initial period is up if they are happy to keep them. It keeps the LL options open. Any tenant who is not happy to take that chance will just have to pass on that house, but at least they know the score and can’t complain when the time is up.

hummusexual · 16/04/2019 17:29

Where do all these landlords think they will find loads of credit worthy tenants? The pool of highly paid, credit worthy tenants who want to stay in high rent areas (such as London) is not as big as it once was and with the decimation of the FINTEC industry and banking, as well as Brexit of course, there just won't be huge amounts of very rich tenants jumping at the change to live in some shithole paying a huge rent for the privilege of an insecure tenancy. Huge amounts of private renters in London already rely on benefits to help subsidise their rent (they can claim LHA/housing benefit at the moment without their landlord knowing). The exodus created by Brexit just means it's going to get a lot harder for landlords and they might need to temper their expectations. I imagine there will be a lot more tenant friendly legislation coming our way as well seeing as Tory voting landlords tend to be older and young people are not going to be voting to pay their landlords pension / mortgage in exchange for awful, insecure living conditions. As the renter generation grows and becomes more involved in politics there will be a huge shift, as we are seeing now, the Tories are shitting themselves that they have lost the votes of a generation. If Corbyn gets in, it will be even worse for landlords.

OP posts:
BloodyDisgrace · 16/04/2019 20:02

I read that BBC article and still don't understand: were they talking about evicting someone for complaining before their contract ends, with just 2 months notice? or in case of contract ended and LL gave tenants 2 months notice to move out?
Surely a person will know that their contract is ending, some communication between tenant and LL should happen - i.e. do you want to stay on? or "i'd like you to leave and won't sign a new contract with you" - so why the hell is this such news to tenants then?

summerson · 16/04/2019 20:16

Exactly Disgrace. It's only after fixed term tenancy on statuatory periodic tenancy that you can serve sec 21, or 2 months before the end of a fixed term (ie at 4 months give notice to leave by 6 months at the end of the tenancy/ 10 months for 12 months fixed term)

So how it's "a moments notice" is utter BS to me!

SarahAndQuack · 16/04/2019 20:21

Well, because it can come as a shock. You can have a LL (or, IME, more often a LA) who will keep saying 'oh yes, the landlord is quite happy and intends to keep you on, don't worry'. And then, suddenly, instead of an invitation to renew or to go onto a rolling tenancy, you're told you've two months to get out.

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