Abolishing s21 - new government proposal

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    Abolishing s21 - new government proposal

    Well, this is interesting!

    https://www.gov.uk/government/consul...ds-and-tenants

    The government's been consulting on changing or abolishing s21 and has now published its proposed solution.

    No more section 21 notices, section 8 notices will be the only notice possible.
    No more ASTs, everything with be an Assured Tenancy instead.
    Changes to section 8 notices to make them more usable (but also subject to the same prescribed information requirements as s21?).
    No new specialist housing court.

    Have a read (the devil will be in the detail).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    #2
    Consulting? I said it was a fait accompli, didn't I?

    Comment


      #3
      There is a link within the document to a survey based on the consultation. Anyone with a point of view should take this opportunity to comment via the survey.

      Comment


        #4
        Looking on the bright side for professional landlords, this will devastate the 'accidental' landlord competition.

        Comment


          #5
          Originally posted by boletus View Post
          Looking on the bright side for professional landlords, this will devastate the 'accidental' landlord competition.
          I think you mean "amateur". "Accidental" landlords are those forced into becoming landlords by circumstances. Once an accidental landlord decides they want to be a landlord, they are not really accidental any longer.

          "amateur" is a misnomer as well, although I believe it does reflect the mind set of many small landlords.

          However, in terms of completing the survey, it is not primarily about abolishing S21, but more about the details of how to ensure that the more legitimate uses can still effectively be exercised.

          Comment


            #6
            Originally posted by boletus View Post
            Looking on the bright side for professional landlords, this will devastate the 'accidental' landlord competition.
            Of course.

            No-one will dream of letting their house out while working away, same as in the old days, lest they can't get it back again.

            Comment


              #7
              That was S8G1, not S21, and there are quite a few questions in the survey about how that provision might be strengthened.

              Comment


                #8
                Originally posted by leaseholder64 View Post
                That was S8G1, not S21, and there are quite a few questions in the survey about how that provision might be strengthened.
                It's window dressing. S8G1 still required a court hearing. Imagine going through that while homeless?

                Comment


                  #9
                  Originally posted by JK0 View Post

                  Of course.

                  No-one will dream of letting their house out while working away, same as in the old days, lest they can't get it back again.
                  Yep, two years before ground 1 or the new selling ground can be used. Who'd be an accidental landlord on those terms?

                  Comment


                    #10
                    Originally posted by JK0 View Post
                    It's window dressing. S8G1 still required a court hearing. Imagine going through that while homeless?
                    Yes, one of the proposals is to "extend" the accelerated possession process to s8 notices with appropriate grounds.

                    I don't really see how that would work in practice (if only because some of the notice periods are too short in real life).
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Originally posted by boletus View Post
                      Yep, two years before ground 1 or the new selling ground can be used. Who'd be an accidental landlord on those terms?
                      There's no obvious replacement for accidental landlords, so there looks to me like an inevitable decrease in rental properties available.

                      I don't really see a lot of people already letting selling up, but I can see a lot of people deciding to sell any "spare" property they previously would have let out.

                      I don't see any influx of new "professional" rental providers.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        I personally see this proposed change as a result of some landlords using S21 in circumstances where it was not intended to be used.

                        It was intended for use when the LL wanted their property back - ostensibly for their own/family use, or if they wished to sell with vacant possession. (But wasn't drafted to actually include that proviso).

                        Some LLs have been using it instead to evict 'problem' tenants where the precieved 'problem' is not serious, certainly not serious enough for an S8.
                        (I'm sure we are all aware of posts here were some LL's first reply to any minor issue is to reach for the S21 rather than trying to negotiate with the tenant).

                        When something isn't working as intended then you change it.

                        Expanding the grounds for which S8 can be used, by including the grounds in S2 and maybe adding a few new ones, would seem to be a sensible soultion.
                        Grounds 1 to 6 of S2 give similar grounds for which S21 was intended to be used anyway, and the proposal is to expand them more in line with what S21 was intended to achieve.
                        ie. The LL would have to show that the property is wanted for themself/family or that they are indeed selling not just to enable them to get a new tenant.

                        The proposed changes seem reasonable to me personally, but as said the devil will be in the detail of what actually gets enacted.

                        Comment


                          #13
                          One of the questions is whether to allow an accelerated S8G1 (Q29). Also there are questions on reducing the notice period below two months (Q10 and Q11), and reducing the time before the option can be exercised (Q7, 8 and 9) (currently not during fixed tenancy). There seems to be scope for fine tuning S8G1 that might be influenced by the consultation.

                          The homeless issue cancels out, because one person ends up homeless, either way.

                          Comment


                            #14
                            Increase rents now people - by at least 20% -- and watch what tenants you let anywhere near the keys.

                            But as others have said, the purpose is nothing at all to do with helping tenants -- it has everything to do with driving the market into the hands of large agents, corporations and city councils -- who we know, from the leasehold fiasco are the biggest rogue landlords going.

                            Politicians are fools and crooks - but then what's new.

                            Comment


                              #15
                              Originally posted by AndrewDod View Post
                              But as others have said, the purpose is nothing at all to do with helping tenants -- it has everything to do with driving the market into the hands of large agents, corporations and city councils -- who we know, from the leasehold fiasco are the biggest rogue landlords going.
                              Leaving aside councils (who I think should be providing housing to those who need it), I don't see any agents and corporations moving into the sector (although, possibly I wouldn't notice), other than for student accommodation.

                              Rents are reasonably high, and they're capped by income as much as supply and demand, so you'd think, if this was going to happen, it would already be happening.
                              And it mystifies me why it isn't, really.

                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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