Watered down s21 - a question!

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    Watered down s21 - a question!

    If the changes go ahead to s21 (see below for links) does anyone know how you would prove or disprove "retaliatory eviction"?
    Does anyone have experience of this: good/bad, evictor/evictee?

    As a side note:
    Trying to evict my tenant (hopefully today) using s21, ironically, because she wouldn't allow me access to repair/maintain the property


    Article - http://www.netrent.co.uk/netrent_homev2/blog.asp

    Petition - http://www.netrent.co.uk/netrent_hom...tion.aspx?id=1

    #2
    The question cannot yet be answered because no-one knows if/when/what changes will be.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Very true Jeffrey, but CAB website points out that "retaliatory eviction" is illegal in other countries and I just thought maybe some landlords/tenants have experience of that.

      Comment


        #4
        LLs should be careful about how they campaign on this. It could be construed thatthey want the right to retain retaliatory evictions.

        The spirit of Rachman lives.
        Now signature free.

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          #5
          You're worrying unnecessarily. Wait until the smoke clears before you assume it might become law!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            I don't see how we can go backwards with such ideas.

            Private property is just that.

            If there is a genuine effort to try and remove or weaken a property owner's right to claim back his/her property, there will be at least 3 effects.

            1. Many single rental property owners will simply sell their property and stuff the cash in the bank.
            2. Landlords with a few or more properties will not let to tenants on AST's or sell as many properties as they have.
            3. The private lettings market will implode.

            How can a landlord, who has worked hard to get to where he is, be justly treated in this offensive manner.
            I know we have imbeciles in government, but this doesn't mean we should tolerate everything that comes out of their mouths.

            If push comes to shove, I am ready.
            I remember the Poll Tax riots...

            Comment


              #7
              Originally posted by SEB View Post
              I don't see how we can go backwards with such ideas.

              Private property is just that.

              If there is a genuine effort to try and remove or weaken a property owner's right to claim back his/her property, there will be at least 3 effects.

              1. Many single rental property owners will simply sell their property and stuff the cash in the bank.
              2. Landlords with a few or more properties will not let to tenants on AST's or sell as many properties as they have.
              3. The private lettings market will implode.

              How can a landlord, who has worked hard to get to where he is, be justly treated in this offensive manner.
              I know we have imbeciles in government, but this doesn't mean we should tolerate everything that comes out of their mouths.

              If push comes to shove, I am ready.
              I remember the Poll Tax riots...
              Nonsense!

              What a massive over-reaction!

              If LLs honour maintenance obligations they will still be able to use s21 at will. There is nothing offensive in this proposal at all... unless you want to use s21 as a retaliatory measure against a tenant merely forcing LL to honour the contract they themselves have drafted, and/or relevant housing act.

              As an LL who maintains his properties, I have no concern whatsoever.
              Now signature free.

              Comment


                #8
                Originally posted by lorenzo View Post
                Nonsense!

                What a massive over-reaction!

                If LLs honour maintenance obligations they will still be able to use s21 at will. There is nothing offensive in this proposal at all... unless you want to use s21 as a retaliatory measure against a tenant merely forcing LL to honour the contract they themselves have drafted, and/or relevant housing act.

                As an LL who maintains his properties, I have no concern whatsoever.
                Hear, hear. Good to see someone talking some sense about this for once.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by lorenzo View Post
                  Nonsense!

                  What a massive over-reaction!

                  If LLs honour maintenance obligations they will still be able to use s21 at will. There is nothing offensive in this proposal at all... unless you want to use s21 as a retaliatory measure against a tenant merely forcing LL to honour the contract they themselves have drafted, and/or relevant housing act.

                  As an LL who maintains his properties, I have no concern whatsoever.
                  I maintain my properties extremely well but I do worry about this. The trouble is a clever tenant will cry disrepair. They could never open the windows , have a fish tank etc to get a bit of mould on he ceiling and cry disrepair. And we all know which side a judge is going to go for.

                  Comment


                    #10
                    Originally posted by ah84 View Post
                    I maintain my properties extremely well but I do worry about this. The trouble is a clever tenant will cry disrepair. They could never open the windows , have a fish tank etc to get a bit of mould on he ceiling and cry disrepair. And we all know which side a judge is going to go for.
                    Of course McBean's band of merry malcontents and holier than thou champagne socialists could completely cock up the writing of it. That is a real possibility.
                    Now signature free.

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