COMMENT: Binning ‘no fault’ evictions will only help ‘nuisance tenants’ – claim

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A leading lawyer warns that by abolishing section 21 the government will be helping nuisance tenants at the expense of the weak and vulnerable.

Under the Renters (Reform) Bill, landlords will be able to evict for behaviours ‘capable of causing’ a nuisance or annoyance as opposed to behaviours ‘likely to cause’ a nuisance or annoyance.

Although the government says this means that a wider range of tenant behaviours can be considered in court, Ian Narbeth, solicitor at DMH Stallard, argues that this misses the point.

“Lawyers may argue about the subtle change in wording, but most cases don’t get to court and by the time they do, the behaviour is serious and anti-social – not just capable of being so,” he explains. “Until now, landlords served section 21 notices on anti-social tenants and did not need to go to court.”

With the massive backlog in cases, it can be many months before cases are heard, witnesses may fear harassment by an aggressive neighbour or their family and friends, while landlords can give no guarantee of succeeding and witnesses will fear reprisals, especially if the eviction fails, adds Narbeth.

Troublemakers

“Instead of landlords dealing with the problem simply and confidentially, abolishing section 21 means troublemakers must have their day in court and many victims will choose to suffer in silence or else leave their homes rather than give evidence.

“The government will be helping nuisance tenants at the expense of the weak and vulnerable, which is the opposite of what it is claiming.”

Landlord Action’s Paul Shamplina has already warned that there could be more section 8 rent arrears cases, prompting a social housing crisis with many tenants struggling to be rehoused as a result of scrapping section 21, while the TDS charitable foundation says it might not provide the hoped-for feelings of security or encourage tenants to complain when rental homes are in short supply.

View Full Article: COMMENT: Binning ‘no fault’ evictions will only help ‘nuisance tenants’ – claim

Landlords selling up boosts supply of affordable homes

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Faced with rising mortgage rates and mounting costs, a wave of landlords is opting to sell their properties, leading to a surge in the availability of affordable homes, Zoopla reveals.

The housing platform says that 11% of homes currently listed for sale were previously rented out

View Full Article: Landlords selling up boosts supply of affordable homes

Binning ‘no fault’ evictions will not make tenants more secure, Government warned

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Removing Section 21 might not provide the hoped-for feelings of security and encourage tenants to complain when rental homes are in short supply, warns a housing charity.

The TDS charitable foundation’s poll of 2,000 private renters found that a lack of affordable accommodation influenced tenants’ willingness to escalate complaints and request energy efficiency upgrades. 

Its report – Living in the PRS in 2023 – explains: “There is a risk that even with the removal of Section 21, tenants will be reluctant to raise complaints and the new landlord ombudsman will receive a low number of complaints.

“We therefore invite the government to think more expansively about the range of factors that influence feelings of security and avoid assuming that tenancy law is the main or only driver of tenant behaviour.”

Most tenancies are ended by the tenant rather than the landlord, according to the charity, with only 12% of tenants who moved in the last 12 months doing so because the landlord asked them to leave.

changing needs

Moves in the rental sector are largely related to changing needs or preferences of occupants, such as wanting a larger or smaller home, or job-related reasons.

Read more: Will Section 8 be enough when Section 21 evictions go?

The findings reveal that while many tenants believe that the energy efficiency of their property could be improved, they are reluctant to do so in case the landlord increases the rent (38%) or asks them to leave (25%). However, 39% had requested improvements and of these, 74% were either happy or somewhat happy with the response.

Some of those moving in the last six months encountered problems that the Renters (Reform) Bill aims to address, such as reporting that the landlord/letting agent was unwilling to let to them due to their race, gender, or other personal characteristics (9%), or didn’t want to let to tenants with children (12%) or to tenants on benefits (5%).

Read the report in full.

View Full Article: Binning ‘no fault’ evictions will not make tenants more secure, Government warned

Call for London’s councils to get MORE landlord licensing powers

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In a call that will cause dismay among landlords in the capital, one organisation is urging for MORE devolved licensing powers to be handed to London’s councils.

A think tank called Centre for London has published a report entitled: ‘Licence to Let: How property licensing could better protect private renters’.

View Full Article: Call for London’s councils to get MORE landlord licensing powers