Posts with tag: Section 21

National ‘End Unfair Evictions’ Campaign to Launch in June

Published On: June 7, 2018 at 8:10 am

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A new national campaign is to be launched in London, calling for the abolishment of Section 21 of the Housing Act 1988, the clause that allows unfair evictions by private landlords in England.

Generation Rent, the New Economics Foundation, community-based union ACORN and the London Renters Union are launching the campaign on 13th June at Karakusevic Carson Architects, on Clements Road in London.

High house prices and a shortage of social housing have left many house-seekers with little alternative but to rent from private landlords, resulting in a significant increase in private renters over the last 15 years. Since 2004, the proportion of households in England renting privately has doubled.

With around 11 million renters in England, the problem of unfair evictions is currently a big one. Once their fixed term contract (usually a year or six months) ends, it is often the case that they will simply be told to leave the property, powerless to fight such a decision. We are somewhat unique in this tragic situation, as most other European cities offer much longer tenancies. In Norway you can sign a three-year contract, six in Ireland, or in Germany, indefinitely if you so wished. It was in 2017 that Scotland also introduced legislation making tenancies indefinite.

It has been pointed out by campaigners that what are referred to as ‘no-fault evictions’are in fact the reason many have become homeless. The stress alone causes much insecurity and stress for millions of renters. The bad landlords out there have made the situation difficult for tenants with maintenance issues, due to fears of being evicted for complaining.

Generation Rent director Dan Wilson Craw has commented: “Renters are not just a convenient source of income – they are people who need a home. They should be guaranteed the right to a secure home and a stable life, free from the anxiety of being evicted for no justifiable reason.

“With half of people aged 18 to 35, 1 in 4 families and growing numbers of pensioners now renting privately, the time has come to abolish section 21 and give tenants more security, peace of mind and confidence to complain.”

Journalist and author Dawn Foster will be addressing the launch event, along with renters who have been made homeless through section 21 evictions and activists from new private renters’unions. A petition will be announced and a campaign video revealed, along with demonstrations and events to raise awareness in aid of this movement for renter security.

Letting agents urged to ensure eviction notices are correct

Published On: May 19, 2017 at 8:57 am

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Letting agents are being urged to ensure that they serve eviction notices in the correct manner, as the so-called ‘peak eviction’ period looms.

Specialist tenant referencing service Rent4sure suggests that particular attention should be paid to both Section 8 and Section 21 notices, which are two of the most complex.

Eviction Notices

A section 8 notice can be served should a tenant be in breach of an Assured Shorthold Tenancy (AST) agreement and is the most common way to combat rent arrears.

Luke Burton, Sales and Marketing Director at Rent4sure, noted: ‘A landlord or their agent should serve a Section 8 notice under grounds 8, 10 and 11 as soon as the tenant defaults on two months of rent arrears.’[1]

‘This differs slightly when the rent is paid weekly, or quarterly and in some instances, you may have to wait for a further period before serving a Section 8 notice under the mandatory ground 8,’ he continued.[1]

Mr Burton noted that if rent is paid weekly or fortnightly, eight weeks’ rent must be overdue before a Section 8 notice can be served.

For quarterly rent payments, there must be at least one quarter’s worth of rent outstanding- ie a tenant must be at least three months in arrears.

‘If the rent is paid yearly, at least three months’ rent must be three months in arrears,’ Burton added.[1]

Letting agents urged to ensure eviction notices are correct

Letting agents urged to ensure eviction notices are correct

Section 21

Meanwhile, a Section 21 notice should only be served at the conclusion of a fixed term, or as per an agreed break clause within the tenancy agreement. This type of notice should be served giving the tenant two month’s worth of notice.

However, if the tenancy agreement commenced before October 1st 2015, notice can be served at any time.

Burton explains that should a tenancy have commenced post 1st October 2015 agents are not permitted to serve a Section 21 until the first four months of the tenancy have passed.

Government Form 6A-only valid for six months from date of issue- should be used for all tenancies starting after this date. This includes renewals.

Letting agents and landlords can source more information in our Eviction Notice Guide for Landlords.

[1] https://www.lettingagenttoday.co.uk/breaking-news/2017/5/agents-told-ensure-eviction-notices-are-correctly-served

 

Many tenants and councils unaware of new Section 21 rules

Published On: February 10, 2017 at 2:11 pm

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A concerning new BBC survey claims that powers to tackle so-called ‘revenge evictions’ are not being utilised by the majority of councils in England.

Since October 2015, it has been law that a Section 21 notice can no longer be served during the first four months of a tenancy agreement.

In addition, a further piece of legislation now prevents agents or landlords from ending a tenancy with a Section 21 notice, should they fail to address a complaint about the state of repair in a property made by their tenant to a local authority.

Unaware

However, research conducted by BBC Radio 1 Newsbeat, which used Freedom of Information requests, shows that over half of local councils in England have not taken advantage of these powers.

This suggests that tenants either did not know about the new provisions, or that councils were unaware of their responsibilities after being informed.

At the time of the amendments to the law, a separate report from the National Landlords Association found that 90% of tenants had no clue of these changes.

Many tenants and councils unaware of new Section 21 rules

Many tenants and councils unaware of new Section 21 rules

Labour MP, Clive Betts, chair of the Communities and Local Government select committee, told the BBC: ‘I can’t believe there are that many local authorities where no-one has been the subject to a revenge eviction. We’re talking about landlords here who are trying to avoid carrying out their responsibilities.’[1]

‘They’re the landlords we’ve got to get at – and they’re going to be in the worst properties, with people living in the worst conditions. That’s the biggest challenge for everybody,’ Mr Betts added.[1]

[1] https://www.lettingagenttoday.co.uk/breaking-news/2017/2/section-21-few-tenants-and-councils-use-new-powers–claim

 

Is it getting harder to evict rogue tenants?

Published On: December 16, 2016 at 10:00 am

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A property boss had warned that small administrative errors could see landlords stuck with nightmare tenants.

The majority of landlords and letting agents use Section 21 of the Housing Act 1998 to end tenancies in the event of damage to a property or other grounds.

Powerless

However, Ajay Jagota, director of sales and lettings firm KIS, feels that changes in the law-amended in the Deregulation Act 2015, could see property owners powerless to evict rogue tenants.

It is feared that possession claims are unlikely to fall should agents not put tenants’ deposits in authorised deposit schemes, within 30 days.

In addition, Jagota notes the importance of providing tenants with the prescribed information relating to their deposit within this allotted time-frame.

Mr Jagota noted: ‘I know people tend to start playing the world’s smallest violin when they hear about problems being faced by landlords, but these rules could see someone’s much-loved family home or pension jeopardised by tiny administrative errors.’[1]

‘Changes in the legal and taxation system mean that if you have any sort of investment in property, protecting that assets is a priority-not something you can do on the hoof,’ he continued.[1]

Is it getting harder to evict rogue tenants?

Is it getting harder to evict rogue tenants?

Reputable

Jagota went on to say: ‘Usually the answer is a reputable letting agent, but they aren’t necessarily legal experts and the rising number of failed Section 21 applications implies that what landlords really need to invest in is good insurance. That way when the worst happens they can get the experts in rapidly and affordably.’[1]

‘It’s clear at the moment that both agents and landlords are getting it wrong. If you’re a landlord and you don’t have the sophisticated insurance you need, you’re leaving yourself wide open. There’s also the matter of the impact on the wider community. It only takes one family to ruin a street or village, and most landlords want to be able to take action, not just to protect their investment but on the community’s behalf. This situation could leave them powerless to help because they forgot to give those tenants a leaflet they probably wouldn’t have read anyway.’[1]

Concluding, Mr Jagota observed: ‘The saddest thing is that deposits are a relic of a bygone age. There is absolutely no need for landlords or letting agents to be using them at all when there are significantly more effective insurance-based solutions available.’[1]

[1] http://www.propertyreporter.co.uk/landlords/why-is-it-getting-harder-to-get-rid-of-nightmare-tenants.html

 

House Price Growth Fuels Tenant Evictions, According to Generation Rent

Published On: November 1, 2016 at 10:27 am

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Recent house price growth of 10% has caused a 60% rise in private tenant evictions, according to lobby group Generation Rent.

The organisation is calling on the Government for greater protection for renters from no-fault evictions.

Private tenants in England are now 2.5 times more likely to be evicted without their landlord giving a reason than they were during the 2009 recession.

Link between house prices and evictions

The analysis found that when house prices started falling, the number of no-fault tenant evictions also dropped shortly afterwards, followed by rent prices. When house prices started rising again, the amount of no-fault evictions followed suit nine months later, having fallen by 44%, with rents picking up after that, having dropped by 1.3%.

Since 2010, evictions have tripled, according to the data. And tenants are not to blame, insists Generation Rent, as rent arrears have dropped over the same period.

David Adler, the Oxford University academic that conducted the study, attributes the findings to investor confidence. He explains that if house prices start rising, then landlords are more likely to decide to sell and evict their tenants. When prices are coming down, landlords are less likely to try and sell and more likely to retain their rent-paying tenants. As a consequence, rent levels experience downward pressure.

Tenant evictions

Private landlords can evict their tenants without needing to give a reason under section 21 of the Housing Act 1988. Tenants served with a valid section 21 notice have no defence, and often move out of their home within the two-month notice period, without the landlord taking further action.

House Price Growth Fuels Tenant Evictions, According to Generation Rent

House Price Growth Fuels Tenant Evictions, According to Generation Rent

The study compared data for accelerated evictions – the closest measure to the number of section 21 evictions that the Government publishes – with the Office for National Statistics’ house price index and index of private rental prices.

It found that both house prices and evictions began to drop in the first quarter (Q1) of 2008.

The rental index lagged behind, falling only in Q2 2009 – more than a year later. House prices then began their ascent first, in Q2 2009. Evictions then followed, picking up again in Q4 2009. Again, the rental index lagged behind, only bouncing back in Q3 2010.

Adler compared evictions and house prices at a local authority level over a ten-year period, uncovering a highly significant relationship between house price growth and tenant evictions. He concluded that a 10% increase in house prices fuels a 60% rise in tenant evictions on average.

The total number of accelerated evictions in 2015, 16,441, means that around 39 tenants in every 10,000 were evicted using the no-fault process, with all cases going through the courts. This compares to 4,963 cases in 2009 – around 15 tenants in every 10,000.

However, Generation Rent believes that many more tenants have moved out of their homes without going through the courts, knowing that they have no defence, but the Government does not record these figures. According to the group’s polling, one in four private tenants have experienced an unwanted move.

Are rent arrears the reason?

The organisation reports that landlords often claim to need section 21 powers in order to repossess properties when tenants are in rent arrears, as the official eviction process for these cases (section 8) is too slow.

It insists that this claim might be credible if accelerated evictions rose and fell in line with rent arrears rates. In fact, data from LSL Property Services dating back to 2009 shows that arrears were at the highest level during the recession, at 11% of all rent due, and dropped to less than 7% in 2015 – the reverse of accelerated evictions rates. Generation Rent therefore states that there is very little correlation between no-fault evictions and rent arrears.

It warns that the increase in no-fault evictions comes at a time when increasing numbers of families have no option but to rent in the private sector. According to the English Housing Survey, 1.5m private rental properties are home to children, or 36% of the sector.

Changes to the law

Generation Rent is calling on the Government to reform the private rental sector in order to give tenants better protection from evictions and greater stability in their homes, and encourage landlords who are committed to providing long-term homes.

By abolishing the section 21 eviction process, the group claims that the Government would encourage landlords who wished to sell to do so with their tenants in situ. It believes that should landlords have a genuine reason to repossess their property from a tenant, they must have appropriate grounds to do so and compensate the tenant.

The organisation estimates that three months’ rent would cover the cost of an unwanted move for a tenant. As a result of this proposed change to the law, tenants would enjoy indefinite tenancies and would still be able to move if their circumstances changed.

Adler comments on the study: “These findings demonstrate that house price inflation not only makes homeownership harder to access, but undermines tenants’ security in their current home. When house prices are low and the economy is performing poorly, landlords may not be able to find another tenant or a buyer, so they are forced to negotiate with existing tenants, and rents fall. When house prices are rising, evictions allow landlords to free up their property for sale or raise their rents to a new tenant, and rents then rise.”

The Director of Generation Rent, Betsy Dillner, adds: “A tenant can pay the rent on time every month and otherwise behave impeccably, and yet still be asked to leave with two months’ notice, with no appeal and no help. The influence that house prices have on the level of evictions utterly refutes any claim that tenants are adequately protected.

“If we gave landlords a limited number of grounds for eviction and required them to provide compensation, then many would be deterred from evicting their tenants, while unwanted moves that did happen would be less stressful for the tenant.”

She continues: “Private renting is the only option for growing numbers of families and people on ordinary incomes. By making it as easy as possible for a landlord to cash in their property, our outdated law is inviting hobbyists to house them, instead of professionals.

“As long as the Government prioritises the interests of amateur landlords, renters cannot expect a stable home.”

Landlords, does house price growth have an effect on how likely you are to evict a tenant? And what do you think of Generation Rent’s calls for section 21 to be abolished?

Councils tell tenants to stay put until legally evicted

Published On: January 11, 2016 at 4:05 pm

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An extraordinary move from councils across Britain is seeing many calling on tenants to stay put in buy-to-let property when asked to leave by their landlord.

This in turn has left many law-abiding landlords hundreds of pounds out of pocket after paying legal costs.

Remarkable

Councils are said to be using this tactic as the latest attempt to deal with Britain’s housing shortage.

Remarkably, some owners returning to their properties after living abroad are being faced with tenants refusing to move until they are legally evicted.

The eviction process takes around four months on average and is extremely costly for landlords. Experts believe the ‘sit-in’ problem is more acutely found in London and Birmingham, where demand for rental homes far outweighs supply.

David Lawrenson of LettingFocus.com, described the councils’ plan as, ‘stupid,’ before adding that, ‘it doesn’t encourage landlords to take on people who are financially vulnerable.’[1]

Worsening

Landlords having to deal with tenants staying put in their homes has gradually got worse as Britain’s house shortage continues to escalate. According to Rightmove, almost five people compete for every property available to let across the country. This figure rises to one in nine for rental property in the capital, as Rightmove says demand is at an, ‘all time high.’[1]

A rise in population and immigration has not been matched by the country’s housing stock. As a result, rents have spiralled.

For many, particularly in the South, suitable properties are unaffordable and would-be buyers are turning to local authorities for assistance. Those that have approached councils are being told that they cannot get help unless they are homeless and are being advised to stay put in rental accommodation until they are legally forced out.

Waiting game

Alan Ward, Chairman of the Residential Landlords Association, said it is a standard procedure for tenants to be told to stay put, providing there was no other homes in the area that they could afford. Ward said that tenants needed to wait until they were evicted before looking for a council property.

Councils tell tenants to stay put until legally evicted

Councils tell tenants to stay put until legally evicted

Mr Ward said that the problem is, ‘becoming acute in some areas, not necessarily because there are fewer homes due to landlords exiting the market, but because there are more people seeking them. It partly comes back to immigration, as there are lots of people coming to this country and they typically want to rent properties.’[1]

‘The council only gets involved when a tenant is looking for social housing. Tenants are told they cannot be rehoused until the bailiffs are at the door,’ he added.[1]

Section 21

Landlords faced with tenants who will not vacate their property need to serve a Section 21 notice. Should the fixed term in the contract have already ended, this gives the tenant two months to find a new property.

If the tenant is unable to find a new home after two months, the landlord can apply for an eviction in court. Following this, it can take between six and eight weeks for the judge to grant a possession order.

[1] http://www.telegraph.co.uk/news/uknews/12092051/Councils-responding-to-Britains-housing-crisis-by-telling-tenants-to-stay-put-in-buy-to-let-properties-when-landlords-ask-them-to-leave.html