s21 and AST renewal..is it going to be worth the paper its written on?

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    s21 and AST renewal..is it going to be worth the paper its written on?

    Just about to renew an AST rather than going to a statutory periodic. Being a contract with an end date, surely it is just that, a contract!

    Surely if I have an end date and it is a 2 way contract the tenant will have to go once served with 2 months notice/S21, but it appears LLs are talking about jumping ship as will be losing the right to evict. If all this is as appears then the break clause will be either one way or have to be omitted.

    Pointless having an end date if you cant evict. Am I missing something here.

    All parties across the board are up for this change in law so it WILL happen.

    Up to this point I have happily gone to a periodic as I fear maybe missing off a vital piece of paperwork and having it all blow up in my face.

    Thanks in advance


    #2
    Originally posted by lordluvus View Post
    Just about to renew an AST rather than going to a statutory periodic. Being a contract with an end date, surely it is just that, a contract!
    The only compensation I could see you getting for breach of that contract would be the rent, so if they continue to pay the rent you would have no basis on which to claim compensation.

    In any case, the Housing Acts remove some terms about termination from ASTs anyway, so, subject to checking the details, such terms may not actually be insertable in an AST.

    Comment


      #3
      so 2 months before the end of the AST, I can't evict if they are paying rent?! Every AST has an end date.

      I was meaning if neither tenant or myself are in breach can I not serve the s21 to say the end of the AST is in 2 months and I want them out.
      It seems I am hearing that I cant under the new rules

      LLs sometimes want the property back to renovate, sell or for the want of giving no reason at all, because such freedom of will was one of the joys of owning.

      Cant believe these changes if its all true

      Comment


        #4
        Originally posted by lordluvus View Post
        ..................

        Pointless having an end date if you cant evict. Am I missing something here.

        ......
        You may take tenant to court to evict under a s8 notice with any of these 21 grounds (1-17 plus 7a + 7B + 14A + 14Zaz). See
        https://england.shelter.org.uk/legal...ured_tenancies

        There's been no s21 equivalent in Scotland for some time: As a Scottish landlord I'm extremely relaxed about this. Ditto the Tory plans to abolish s21 in England; Gosh there appear to be some somewhat sno-flake-y landlords about...

        Best wishes to all, including those who disagree with me.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          You can't get them out that quickly even under the current rules. At that point, you then request possession from the court, but the you will have to wait for a court date. Even if given possession, you cannot re-enter until the tenant surrenders, your you have brought the bailiffs in.

          Comment


            #6
            I doubt this will come into effect in the next 6 months (or 12 months for that matter) even if it was top of the agenda. And it's probably unlikely to apply to existing tenancies anyway.

            I think it's a daft idea but I'll work round it and look forward to the increased rent.

            Comment


              #7
              Originally posted by theartfullodger View Post

              There's been no s21 equivalent in Scotland for some time: As a Scottish landlord I'm extremely relaxed about this. Ditto the Tory plans to abolish s21 in England; Gosh there appear to be some somewhat sno-flake-y landlords about...
              Presumably most of your tenancies can still be ended if the tenants misbehave?

              You'd be pretty unlucky to have let to Rab C Nesbitt already. I'm going to have such schadenfreude if you do get one.

              Comment


                #8
                Originally posted by theartfullodger View Post
                You may take tenant to court to evict under a s8 notice with any of these 21 grounds (1-17 plus 7a + 7B + 14A + 14Zaz). See
                https://england.shelter.org.uk/legal...ured_tenancies

                There's been no s21 equivalent in Scotland for some time: As a Scottish landlord I'm extremely relaxed about this. Ditto the Tory plans to abolish s21 in England; Gosh there appear to be some somewhat sno-flake-y landlords about...

                Best wishes to all, including those who disagree with me.
                The only viable ground for repossession under section 8 is owner occupy, you would have a hard time getting tenant out if you e.g. want to sell the property.

                The main issue with S21 being abolished is that it would put even more pressure for courts in S8, I would envision a longer wait time for any eviction types.

                Comment


                  #9
                  Originally posted by theartfullodger View Post

                  There's been no s21 equivalent in Scotland for some time:
                  What do u do about your ASB tenants in Scotland now? Have they made them any easier to evict using grounds since the law changes?

                  Comment


                    #10
                    Originally posted by lordluvus View Post
                    so 2 months before the end of the AST, I can't evict if they are paying rent?! Every AST has an end date.
                    I believe that is true. If section 21 is scrapped, then you can not evict the tenants at all if they do not break the mandatory grounds in section 8 (not leaving at the end of the tenancy is not one of the mandatory grounds). So basically the end date that is written in the AST will not matter anymore, you tenants can stay as long as they like given that they do not violate the mandatory grounds in sections 8.

                    However, in theory, you could try evicting your tenants using various discretionary grounds in section 8. But it is strongly advised against to do so. As it is completely hopeless, the judge will always favor the tenant, and you will end up losing your money and your property. The judge have the power to let the tenants stay in your property indefinitely if you use section 8 discretionary grounds for eviction (however, the judge do not have that power if you use section 8 mandatory grounds for eviction).

                    Comment


                      #11
                      Sounds like Mr Rachman's 'heavy mob' might find employment again.

                      Comment


                        #12
                        So the days of a polite and blameless eviction are over. Just as I wanted to start selling off.

                        In 4 years I Need to sell one to pay off the mortgages. I will have to try the owner occupancy route. It seems lovely tenants that pay and want to stay will be as much a burden as those who don't.

                        The govt has forgotten that most "amateur " landlords, only went into this to create their own pensions. I don't have family so had planned on spending the capital rather than living off the rents.

                        Think on the bright side, they will probably raise capital gains next, to such heights that I wont want to sell anyway.

                        Comment


                          #13
                          It's just the Tories realising younger people hate them & thinking abolish s21 will help.

                          They (tories...) ain't very bright are they.
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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