Scrapping of s21 postponed

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    Scrapping of s21 postponed

    "Tories postpone pledge to ban no-fault evictions for renters until economy recovers"

    https://www.independent.co.uk/news/u...o-b551811.html
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    #2
    I would have liked to have read that but getting onto the link without all that faffing around .... well, I gave up in the end

    Comment


      #3
      The usual paywall notice didn't pop up for me, today. The article reads:

      "A Conservative manifesto pledge to ban no-fault evictions for renters has been postponed until there is a “stable economic” terrain, a government minister has admitted.

      The comments from Christopher Pincher, a housing minister, came amid calls on the government to extend the moratorium on evictions for tenants as the country faces a second wave of the coronavirus pandemic.

      Charities and campaigners have also urged no-fault evictions (Section 21 notices) – allowing landlords to serve notice and evict tenants without reason – to be scrapped to alleviate the pressures facing renters.

      Boris Johnson vowed to abolish Section 21 at the December election and included the commitment in a proposed Renters’ Reform Bill outlined at the Queen’s Speech following his decisive victory at the ballot box.

      When pressed on the commitment, Mr Pincher said the government remains committed to repealing no-fault evictions, but added: “We will do that at the appropriate time when there is a sensible and stable economic and social terrain on which to do it.”

      Tim Farron, the Liberal Democrat MP who raised the issue in an urgent question, said the expiration of the eviction ban on Monday would result in the “immediate danger” of thousands of renters losing their homes.

      "The ban on possession proceedings had given many private renters protection against the economic impact of coronavirus, at least the roof over their heads couldn't be taken away,” he said.

      "These are the 55,000 served eviction notices between March and August. Their landlords were not required to give six months' notice and so courts could be processing their eviction orders as I speak."

      Labour’s shadow housing secretary Thangam Debbonaire also described the end of the eviction moratorium as “scandalous”, adding: "As with testing, this Government had summer to develop their plan and wasted it. They now choose to withdraw the protection of the evictions ban exactly when it's most needed.

      "We're likely to see a rise in evictions and homelessness because of this Government incompetence. The Government must act now to prevent a wave of evictions just as Covid is rising this winter, and honour their promise to landlords and renters."
      However, the minister claimed the government had “honoured its promise to landlords and to renters”, adding: "The Government has taken unprecedented action to support renters by banning evictions for six months, preventing people getting into financial hardship and helping business to pay salaries."

      He went on: "We've now introduced comprehensive measures to ensure renters continue to be protected over the autumn and winter, following the resumption of possession proceedings on Monday. However we must strike a balance so that landlords are able to access justice alongside measures to protect the vulnerable. This is vital to the long-term health of the private-rented sector."

      Mr Pincher said the judiciary will "look to prioritise the most serious cases, including anti-social behaviour, fraud and egregious rent arrears".

      “To help keep people in their homes over the winter, we've changed the law, increasing notice periods to six months, in all but the most serious cases,” he added.

      Comment


        #4
        That Tim Farron figure is just wrong.
        The figures for possession claims are issued quarterly, so there are no figures after June.
        The number of claims between March and June was just over 3,000.

        The median time between a claim and a possession order was 6.4 weeks in the final quarter of 2019, so most 2019 cases would have been heard pre-lockdown.

        In the period Jan to March 2020, there were 24,321 claims for possession made. 24% were private landlords (normally it's higher). The median time between claim and order was 6.6 weeks, so about 1/3 of these claims should have reached the hearing stage before the lockdown.

        So there should be about 20,000 cases in the backlog (although someone at the Ministry of Justice should be able to give a number).
        With about half i

        Social Housing providers usually can't use s21 notices, so the number of s21 evictions in progress should be about 10,000.
        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


          #5
          A tiny bit of good news, for now.

          jpkeates I suspect they mean notices seeking possession but it is a very shoddily written article.

          Comment


            #6
            "This is vital to the long-term health of the private-rented sector."

            A long time since they've given a toss about the private-rented sector.

            Must be getting worried.

            Too late methinks.

            Comment


              #7
              Originally posted by jpkeates View Post
              That Tim Farron figure is just wrong.
              The figures for possession claims are issued quarterly, so there are no figures after June.
              The number of claims between March and June was just over 3,000.
              But he's not talking about claims he's talking about eviction notices served, so presumably he means s21 and s8 notices.

              Comment


                #8
                Originally posted by jpkeates View Post

                Social Housing providers usually can't use s21 notices, so the number of s21 evictions in progress should be about 10,000.
                That has changed quite a lot recently, many can use s21. Very roughly a quarter use s21.

                Anecdotally I've heard s21 is the method of choice for social ASB as s8 is next to useless for dealing with it.

                A snapshot here from Wales (p.23 on);

                https://gov.wales/sites/default/file...s-in-wales.pdf






                Comment


                  #9
                  Originally posted by jpkeates View Post

                  Social Housing providers usually can't use s21 notices
                  It seems they can, at least a lot more than I thought.

                  A bit more about it here (I didn't really know either);

                  https://www.localgovernmentlawyer.co...ocial-landlord

                  Comment


                    #10
                    Originally posted by ChrisDennison View Post

                    But he's not talking about claims he's talking about eviction notices served, so presumably he means s21 and s8 notices.
                    How does anyone know this? I've served a NoSP recently but didn't log it anywhere. so how can it be counted?

                    Comment


                      #11
                      boletus
                      Thanks - that's really useful and it looks like things have moved on.
                      Something new learned!
                      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
                        Originally posted by KTC View Post
                        "Tories postpone pledge to ban no-fault evictions for renters until economy recovers"
                        So that's about 2050 then.

                        Comment


                          #13
                          Originally posted by 123Landlord View Post

                          How does anyone know this? I've served a NoSP recently but didn't log it anywhere. so how can it be counted?
                          That’s exactly the comment I made in another thread recently. Nobody knows how many s21 and s8 are issued each day because they are a private instrument and aren’t (and will likely never be) centrally lodged.

                          It’s all estimates of course, they say there are x mio tenancies, typically lasting y period of time, this means z number of tenancies end each month, of those typically a % are ended by the landlord, therefore typically b number of s21 and c number of s8 are issued.

                          How accurate this is could be anyone’s guess. The only thing we know for a fact is how many repo claims are lodged with the courts.

                          jpkeates is the expert on statistics in this forum

                          Comment


                            #14
                            Originally posted by 123Landlord View Post

                            How does anyone know this? I've served a NoSP recently but didn't log it anywhere. so how can it be counted?
                            Social housing landlords record this, don't know if they are included in this 'statistic'.

                            Comment


                              #15
                              TF knew that his audience most probably never served an eviction notice so don’t know that it is not registered anywhere.

                              Comment

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