In view of gov likely to extend eviction ban again

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    #46
    Originally posted by jpkeates View Post
    And landlords are people and people have a right (under the Human Rights Act) "to the peaceful enjoyment of his(/her) possessions", which is currently being denied them.

    That's a good point.

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      #47
      The Tories seemed on the back foot a week or two ago, what with Boris and his wallpaper issues. Today they are in a much stronger position after their win in Hartlepool. I’m keeping my fingers crossed that this makes it less likely that the eviction ban will be extended (or if it is, it’s in place for as short a time as possible).

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        #48
        Given that the ban was introduced by the government and has been extended by the government, that's a very positive take on an increase in the government's majority.
        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).

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          #49
          jpkeates I’m an optimistic pessimist. I hope for the best but am not surprised by anything!

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            #50
            I think there is a challenge under article 6 as well.

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              #51
              Originally posted by Slackjawedyokel View Post
              Today they are in a much stronger position after their win in Hartlepool. I’m keeping my fingers crossed that this makes it less likely that the eviction ban will be extended (or if it is, it’s in place for as short a time as possible).
              I would have thought its more likely to be the other way around as he tries to renew his appeal to Hartlepool man.

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                #52
                The government has recently changed its guidance relating to evictions, because the deadline for serving a reactivation notice has passed.
                Which is possibly an indication that there won't be a further extension.

                Any pre 3rd August 2020 possession claims where there is no reactivation notice are now void.
                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).

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                  #53
                  jpkeates Yes, I saw that re. reactivation notices, but I didn’t see anything relating to the situation that I and others are in; when bailiffs will be able to enforce a warrant gained via the S21 process (and where the S21 notice was served prior to Covid). I’m just watching and waiting for any news to emerge, with my fingers still crossed!

                  Others may disagree, but to me it does not seem unreasonable to be allowed to evict. The TA clearly says that if served with a S21 notice then the tenants should vacate within 2 months. The tenants stayed put, and the legal process to evict took all of last year and the first four months of this year so far. I don’t think my tenants should be allowed to hide behind Covid any longer. Yes it means that they will have to find somewhere else to live, but that can be done in a Covid-safe manner (probably it could be safer and more controlled way than going to the supermarket; something that my tenants do every single day).

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                    #54
                    Originally posted by Slackjawedyokel View Post
                    jpkeates . I don’t think my tenants should be allowed to hide behind Covid any longer. Yes it means that they will have to find somewhere else to live, but that can be done in a Covid-safe manner (probably it could be safer and more controlled way than going to the supermarket; something that my tenants do every single day).
                    Agree, but this tory govt are going more left wing by the day...... i can bet the tenants will be on their holidays abroad at the first opportunity though :

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                      #55
                      The government has been running scared because they've been told there will be a wave of homelessness, because there's a huge number of people due to be evicted PLUS an even huger number in arrears who will be evicted immediately it's not next to impossible.

                      But that doesn't seem to be remotely plausible.
                      Roughly 28% of possession claims end in eviction by bailiffs (possibly a figure for CC only), and the rate of bailiff evictions was steady until March 2020, so there shouldn't have been much of a backlog (and even if it was, three month's evictions in England and Wales is just over 7000, so it's hardly a tidal wave).
                      For the rest of 2020, there were only just over 15000 possession claims, with 2,500 of them resulting in possession orders - and with the normal process, that would result in about 1500 actual bailiff evictions.

                      The NRLA think that 7% of tenants have some kind of arrears.
                      And for that 7% the average amount owed is between £251 and £500 - and I don't see many people evicting a tenant who owes that much.
                      They might serve notice, but the cost of possession is going to be higher than the amount owed.

                      18% of tenants who are in arrears owe more than £1000, which is where I think that possession claims are more likely to happen.
                      But that's 1.26% of tenants.
                      Which is still a lot of people and a lot of money owed - but I'd love to know how it compares to "normal".

                      In 2019, there were 111,000 possession claims made, for example, and if there are about 5m properties in the Private Rental sector that's 2.2% of it being subject to a possession claim in a normal year (and the number's been falling for years now).
                      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).

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                        #56
                        https://hansard.parliament.uk/lords/...dMassEvictions

                        This debate or discussion in the House of Lords is a fairly good indication of where things are headed. It's a bit of a read but looks like not even Shelter are calling for an extension on the eviction ban bar some lunies amongst their ranks. The response from the Minister of State doesn't suggest an extension, they are using the report produced by the NRLA to state that there isn't an eviction crisis. Rightly so too, this doomsday prophesising with the use of dodgy statistical methods of an eviction crisis needs to stop.

                        As jpkeates states, there are serious legal ramifications of extended without a reason and this ban cannot go on forever.

                        My worry is that they will "taper" until winter and when we see a rise in cases, call an unofficial ban. But I don't see this happening, the problem of built up cases is a serious issue and I cannot see the law societies stand by and watch this happen. The government has won the vote they needed and have looked good, residential landlords don't have political influence anymore but commercial landlords do.

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                          #57
                          I had some tiny hope but reading the link above I have lost all hope that I will be able to get my property ever back with S21. The ban now have nothing to do with Covid. It's sequestration of the private property which solves the government problem.

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                            #58
                            That won't and can't happen.
                            Don't worry about that.

                            The end of section 21 looks inevitable (worked in Scotland) but there will be time to introduce it for existing tenancies.

                            This is horrible, but there's a plague happening, things aren't normal.
                            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


                              #59
                              Perce I’ve had a scan through that, but I don’t see any real reason to lose hope. Yes, some folks are calling for an end to S21 evictions (as you’d expect, as has been the case for years), but many more are pressurising the Govt to provide some form of financial assistance to tenants in arrears. Plus, I believe it has been said by others on this forum that retrospective lawmaking is problematic; we could remove the right for landlords to evict under S21 for new tenancies, but it would be much more difficult to do that for existing tenancies. Plus you and I are almost at the end of the eviction process, as we have already secured a warrant. Don’t lose heart!

                              That was with my optimistic hat on. Popping my pessimistic headgear back on, if I were a betting man my money would be on not hearing much at all re. evictions until the dying days of May when Shelter et al kick up an almighty fuss about the ‘tsunami of evictions’ which is about to arrive. With the left leaning Media fanning the flames of the story I suspect our beloved Govt will be backed into doing ‘something’ as a knee jerk reaction to get away from being the evil nasty old style Tories. What that ‘something’ will be, who knows. Help for unemployed tenants? Bringing forward proposals to end S21? Kicking the eviction ban back to the winter? We shall wait and see; I just hope it doesn’t leave us utterly high and dry.

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                                #60
                                Thanks for a bit of cheerful words to keep me going through this weekend. What would I do without this forum ?

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