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  • In the Spotlight

    Abolishing no-fault evictions to be shelved?



    This article in the Independent about the government shelving its plan to abolish no-fault evictions looks to be good news for landlords: 

    Boris Johnson has been accused of betraying private renters after shelving Theresa May’s promise to end the misery of ‘no-fault evictions’.

    Mr Johnson has said nothing about the issue since succeeding her and the crackdown was fiercely opposed by landlords – before being left out of a Queen’s Speech with no fewer than 26 bills.

    http://www.independent.co.uk/news/uk/pol...55126.html.

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    Given that the consultation only closed on Saturday it would be odd to put anything about this in the Queen's speech or to make a decision so soon. So the story is premature.

    However, it does seem as though there is less interest. Tenant groups are clearly worried as it is them who are briefing the press to write these stories
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    More coverage of this topic:

    Questions have been raised concerning the government’s housing plans after measures promised under Theresa May were omitted from the Queen’s Speech yesterday.

    Prime minister Boris Johnson has come in for criticism from Shelter, Generation Rent and Labour for leaving out any mention of a bill to abolish so-called ‘no fault’ evictions.

    His predecessor revealed plans in April to end the practice by scrapping Section 21 of the Housing Act 1988.

    The Independent also pointed out the Queen’s Speech was quiet on policies announced under Ms May to help leaseholders.

    Full/source article

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    I'm sure there will be a 'renewed commitment' to from all parties when the ballot boxes get dusted off for the next general election...

    Can't see us getting let off that easily over such a major policy....

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    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.

    This matter and a couple of other pathetic items were seen as Treason May's "legacy" and supporting that is the last thing that the Tories want to do, she was a disaster. I don't believe this government has the stomach for pressing on with this S.21 abolition nonsense.

    The NRLA really do need to get their act together and start briefing the press on this matter, we all know that "no fault eviction" is a misnomer as there is always fault (usually rent arrears) and S.21 is just faster than S.8.

    I'm carrying out this process at present (first time in 10 years) with both S.8 and S.21, I've already been told that the S.8 part won't see the inside of  Court room until June 2020, if I'm lucky, so S.21 it is!!

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    I'm in the same boat as you, trying to decide between s8 and s21. Given your experience it now looks like s21.
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    I'm pressing on with both courses, hopefully the bloke will go when the S.21 expires unless the lowlife at the Local Council give him the usual unlawful advice of "staying until the bailiffs turn up", by which time his rent arrears will be the wrong side of 10 grand, so I'll press on with the S.8 as well and get a CCJ registered against him so he can't do this to another landlord. 

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    I had considered that too. My tenant is at 2k arrears at the moment. We issued a s21 in May and he begged us not to throw him out (in Hungarian so that was useful).

    We set up a payment plan which he kept up for a bit and now has gone off the radar.

    I hand delivered an s8 on Friday and am going around to see if I can catch him in! I've even offered to wipe off the debt minus his deposit if he just goes by a week on Friday. The s21 runs out on 8th Nov so I think I should just go for that too.

    Not sure about the next step really, my agent has been crap so no help there. Don't really want to shell out another possible 1.5k to go through the usual landlord repossession companies but don't want him to get out of being thrown out on a technicality.

    Wondering if the chances we gave him will count against us on a s21 if though he failed to keep up his side of the bargain. Could be seen as a tacit agreement to let him stay if there is such a thing.
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    I'm assuming you've served two S.21's, one in May and another on or around 8th September, if not your May S.21 will be invalid because you accepted a payment plan (even though he's breached it) and would have to serve a fresh S.21.

    I would just let the S.21 take its course and deal with the S.8 later if it's worth pursuing.  You're offer for him to "just go" is more than generous and if he turns this down I would also go ahead with the S.8 because you're dealing with a p***taker, but being an EU citizen who's to say he won't clear off back to Hungary and out of our courts jurisdiction.

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    I was afraid that would be the case re the accepting some payments from him. I did point this out to the agent bit he seemed clueless! I m hoping he does go back to Hungary because it's quite clear there's nothing here for him. On his zero hours contract he can't even afford the usual rent let alone the arrears. So I'm basically better off issuing a fresh s21 now and letting that run its 2 months rather than wait until a week on Friday to see if he has taken any notice of the s8 I served last week and buggered off. Presumably if he does pay me any normal rent from then on the s21 still stands as he should be paying that anyway. Not that I'm holding my breath for it! Other option is that I apply to the courts a week on Monday under my section 8 notice of which he has breached 3 of the grounds for it.
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