End to section 21 notices. When will it happen?

[NConthe]

Hi, just wondering if anyone has any insight into how quickly the ban on section 21 notices could come in. Could it be instant with the Royal assent of the bill/law or will there definitely be a period of time whereby landlords can serve a section 21 notice? I can’t find anything definitive

So the Bill will become an Act, but not all the sections will come into force on the date of Royal Assent. An SI is the most likely way that the sections will be brought into force. Hence the discussion on how quickly an SI can come into force.

And when section of Acts are expected to come into force is given in the Act/Bill in the commencement section, it’s just that some are a date and some an action (such as the Secretary of State bringing in regulations, a form of SI).

So section 21 notices could be banned immediately?

Sorry, I’m just struggling to get my head around this 😖

https://www.parliament.uk/about/how/laws/passage-bill/lords/lrds-royal-assent/

Sorry, pressed post too soon.

This suggests that they could implement the abolition of the s21 immediately. Unless I’m reading it wrong?

I’m a landlord and I think a good one, I rent out my old flat as I moved away for work. I had it totally trashed by one tenant who didn’t pay rent for a many months - despite that he wasn’t living there he wouldnt let me in to repair things and he wouldn’t surrender the tenancy and the legal process had been going for around six months before he decided to throw in the towel but likely would have taken a year. The state he left it in was like one of those hoarder programmes - lots of damage - needed a new kitchen, redecorate, new floors, many repairs to damage he had done - I spent around £20k and used up my holidays from work doing a lot myself. Over the time I’ve been renting out it’s gotten harder and harder to be a landlord- changes in how I am taxed, requirements to register with the local authority at significant cost. I now want to sell up - I’m waiting until my tenants go (because I don’t want to just kick them out - they are lovely) or I retire in a few years, I want out. The process to evict a bad tenant that I experienced was long and hard enough before, it won’t get better with this legislation. On landlord forums lots are saying what I and previous posters have said, smaller landlords are getting out, big corporate faceless landlords are replacing them or properties are going to homeowners so it will get even harder for private tenants to find a property - there isn’t a lot of social housing being built and the rental stock will decrease at a time when we are seeing population growth.

The proposals the government consulted on applied to both new and existing tenancies, with a later date for existing tenancies (2030)

Regardless of what is technically possible it is expected to be a date set some months from Royal Ascent. TBC but most people I know are working on assumption of 6 months.

i’m not sure why you are panicking about this - are you a landlord who wants to issue a S21 or a tenant who is worried about one being issued?

Where is the expectation coming from @brightgreenpepper?

I work in an interconnected field and that’s what I am hearing. Nothing official yet it’s just the assumption everyone seems to be working to, based on what people close to the bill are saying.

And tell me how to get double glazed windows when I tried and I was told I’d be fine £6000 by the council because its in the conservation area despite the fact that it’s three floors up and would look exactly the same from the ground. Bonkers.

The Renters Rights Bill will become an Act of Parliament. Section 144 of that Bill specifies that most of the Act will not come into force until the Secretary of State makes regulations setting the commencement date. Those regulations take the form of a statutory instrument.

It isn't just that an SI is the most likely way the sections will be brought into force. The Act specifies that, apart from a handful of sections that will come into force 2 months after the Act is passed, it will only come into force when the Secretary of State makes an SI bringing it into force.

I was just talking generally.

So when you said not all sections will come into force with/at royal assent, you just meant that can happen in some cases but @prh47bridgeis right. That it won’t happen in this case, as it has been set out in the bill already that the first changes will be a couple of months down the line at least?

Same.

I’m about to exchange and complete on the sale of my BTL. Being a landlord is a mug’s game now and about to get even worse. I’m just going to stick my money in stocks/ shares instead. Far less hassle.

There’s also concern that this will introduce a new loophole for tenants requiring short term lets eg two or three months. Until now, they would only have been able to choose from rentals specifically with a short term let contract.

However, now they could move into any rental and give notice at two months whereas previously they were required to stay for a minimum of six months. This would present landlords with a real headache of having to find a new tenant at short notice along with bearing all the associated costs.

I’m an accidental small
landlord and issued a section 21 notice nearly 2 months ago. The tenants aren’t going to move out so will have to go through the courts. Dreading it all. Seems a very short sighted bill.

The government ought to be building more social housing for families before bringing it in as they will find LL will sell and the people who either can't or don't want to buy their own house will be fighting each other for far fewer properties. Inevitably rents will sky rocket.

Landlords are also turning family rentals into HMOs where they have fairly transient renters and landlords can earn a lot more by renting individual rooms. Why rent to a family that might be trouble and it's impossible to get rid of when there are more lucrative alternatives.

You are quite right in your description of the problem.

But abolishing S21 is not the solution to that problem. It has already made the problem worse with smaller landlords leaving the sector in droves. Once enacted, more will follow.

Ending a tenancy costs a landlord a lot of money and is not done lightly. Good landlords only do it when there is an issue with the tenant. And why should the landlord support a tenant who persistently fails to pay, damages the property, or makes life difficult for their neighbours through anti social behaviour?

And I hear what is said about the bad landlords. But in my area, the local council and housing associations are the big culprits when it comes to making repairs etc. They do the bare legal minimum and then with a long delay. And good luck to anyone who tries legal action against them.

And the really nasty private landlords are not going to be deterred by this kind of legislation. They will continue to ignore legislation and to send their friends round to encourage tenants to move on.

I think it will go another way: massive corporate landlords who provision against the risk of default /bad tenants in the same way banks provision for people who take out loans and mortgages.

Interesting to note that John Lewis is building 10,000 flats for private rental.

The government needs to take responsibilty for the renting market& stop regulating the back out of this.

Landlords will and are sell(ing) up and there is a shift of people buying abroad instead. Loose loose situation.

We are landlords and just put our houses on the market. Couples and young families with pets ( making it even harder to find accommodation) who have been living there all for 3 plus yrs.

Just to add, when you’re all buying your Christmas sandwiches from M&S who promise to make a donation to Shelter and you feel all warm and cosy… they are almost single handedly responsible for this mess thanks to their endless lobbying of government.

They are a homeless charity which houses exactly no one.

But like banks these landlords are going to vet anyone they rent to. And they are not going to rent to a single parent with a poor credit rating and a pet.

Overall supply will shrink, be more expensive and more limited to safer tenants.