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  • Buy-to-Let

    Section 8 to be restricted

    In the Tenancy Deposit Reform: Call for Evidence the Minister, James Brokenshire, says: "The Government is committed to ensuring a fairer and more affordable private rented sector that provides security and stability for both tenants and landlords.
    That is why I recently announced that we would put an end to no-fault evictions by repealing section 21 of the Housing Act 1988, to ensure that tenants cannot be evicted without good reason. I also committed to strengthening the grounds for possession under Section 8 of the Housing Act 1988 to deliver a fair and effective tenancy regime. I intend to consult with landlords, tenants and others in the rental sector on the details of a better system that will work for landlords and tenants."

    However, the Call for Evidence goes on to say at para 1.8: “The Government also intends to carry over (emphasis mine) the existing tenant protections included in the Section 21 eviction process (for example for the requirement for landlords to provide evidence that they have protected the tenant’s deposit before an eviction can be granted by the court) into the new tenancy regime.”

    This will make it harder for landlords to use section 8 and we may see the same traps and technicalities defeat a claim for possession as have caught out section 21 applications in recent years. So much for a fairer and better system! I would urge landlords to reply to the Call for Evidence and to lobby their MPs. It is bad enough to lose s21. If we effectively lose the benefit of s8 landlords will desert the PRS in droves.

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    This is a real concern and a fine example of entrapment. 
    All the poorly drafted complex add on legislation that currently  applies to Sec 21 will be transported over to the new version of Sec 8. It seems to me that there is now a thinly disguised policy of making possession as difficult as possible to avoid a deepening rental housing crises. If you can’t evict your tenant it’s one less problem for your local authority and the Gov. Selling a property with a difficult tenant in situ will be all but impossible. 

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    I think the bigger danger is when tenants realise they don't need to pay the rent.  What will happen then ?  

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