Are Section 21 notices evictions ‘on a whim’ as reported in the Independent or vital legislation for landlords?
As a landlord, should I be concerned about recent reports suggesting Section 21 notices are to be scrapped?
The government’s housing secretary said recently that Section 21 evictions are one of the main causes of family homelessness and he was backed by the Prime Minister, who pledged to end ‘unfair evictions.’ Indeed, Labour has also promised to include abolishing the process in its next manifesto.
The aim of these changes is to give private sector renters more security and stability, preventing responsible tenants from being uprooted with little justification.
As the law stands, you can serve a Section 21 notice without giving your tenant a reason, regardless of whether there has been any breach of your agreement. Campaigners say preventing these so-called ‘no-fault evictions’ will be a big step towards ending ‘profiteering from housing.’
I am sure you will be feeling aggrieved by these reports. Whilst there are some poor landlords out there, there are also bad tenants and many responsible landlords with good renting practices, who wouldn’t evict someone for no good reason.
In reality, a tenant cannot be ousted at a moment’s notice. In my experience, Section 21s are usually served because there are serious rent arrears, breaches of tenancy or anti-social behaviour, for example, damage or illegal use of the property.
Many landlords have mortgages they struggle to pay when no rent is forthcoming. Some regard rental income as a pension and others have been forced into letting their property because it wouldn’t sell. They are by no means ‘profiteering,’ but are providing much needed accommodation. Social housing could fill the gap, but there is huge disparity between supply and demand.
Consider your options
A Section 8 notice offers landlords the ability to gain possession of their property, but because it can be a long, expensive and risky route, most rely on the Section 21 instead, despite the fact it means obtaining a separate court order to recoup rent arrears.
From a landlord’s position, the Section 21 process is long. It begins with a two-month notice period, after which, a possession order must be obtained, followed by a warrant of possession if the tenant refuses to leave. This can take six months or more, due to a lack of court resources and you will often receive no rent during this time. Even if your tenant is required to cover your costs, you will often have to write them off, as he or she will be unable to pay.
At a time of housing crisis, it seems madness to discourage good landlords from letting properties by removing the Section 21 notice. I am convinced that if the procedure for gaining possession when a tenant is at fault was improved, the numbers using the Section 21 route would reduce dramatically anyway.
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