This is how evictions will work after Section 21 goes, reveals NRLA

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LandlordZONE asked the National Residential Landlords Association to flesh out how it sees evictions working fairly in a post-Section 21 world once the government’s Renters’ Reform Bill gets Royal Ascent.

Here its policy chief Chris Norris replies.

Rent Arrears

“When it comes to rent arrears, we would much prefer to see every effort made to prevent them in the first place. To assist with this the Government should unfreeze the Local Housing Allowance. That said, it is vital that the new grounds for possession do not allow an impression to be given that paying rent is an optional extra.

“We propose a mandatory ground for possession where a tenant has at least 2 months of rent arrears at the time a notice to repossess a property is served, and in arrears of more than 1 month by the time of a court hearing.

“We are heartened by the Government’s commitment to develop new and stronger grounds for dealing with repeated incidences of rent arrears.”

Anti-Social Behaviour

“In situations of anti-social behaviour we are calling for a new process under which the courts would have discretion to allow a repossession to take place where tenants, neighbours and/or the landlord have raised concerns about certain behaviours. Importantly, where a tenant has been convicted of a related offence this should be a mandatory ground for eviction.

“There should be clear guidance for the judiciary about the types of antisocial

behaviour which would result in possession being granted under the discretionary elements. This should include case studies which would highlight the kind of antisocial behaviour which would need to be addressed in these circumstances. . Neighbours and fellow tenants should also feel able to come forward to provide evidence which the landlord can use in support of their claim, without fear of repercussions

“More generally, we welcome the Government’s move to reduce notice periods in cases of anti-social behaviour in order to protect those most affected.”

Landlords who sell up

“Clearly landlords should be able to repossess properties where they need to sell them. However, we recognise the need to prevent this ground being abused by individuals who wish to circumvent tenants’ security.

“Our proposed solution means that a landlord would need to demonstrate they have instructed a solicitor as part of the conveyancing process. They would also be obliged to provide a statutory declaration setting out their intention to sell, should their claim be challenged.”

In conclusion…

“The NRLA has worked extensively with the Government to develop a package which works for responsible landlords and tenants alike.

“We are heartened by the Government’s pledge to engage in further discussions with stakeholders to ensure the details of its White Paper are finalised before it is considered by Parliament but realise how vital it is that landlords’ voices continue to be heard.

“We will continue to represent the interests of all those landlords who already do the right thing.”

Visit the NRLA’s rental reform campaign page.

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