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Repeal S21.

lighting_up_the_chalice
Posts: 9,615 Forumite
Brought up on another thread, and probably more of a discussion point than advice, but I thought it an interesting idea. Opinions?
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Comments
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I think the less reputable landlords would have to repair properties. Tenants would be more secure in their homes and letting agents wouldn't be able to pile BS fees on tenants and landlords alike for unnecessary renewals.
Most professional landlords would probably not be affected as they're in it for the long game. It might not suit the amateur landlords though but if there's one thing I can't stand, it's amateurism.0 -
Well if we're looking for ways to make renting even more expensive then its an excellent idea.0
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The S21 is a cornerstone of the current market and changes to it will have a big impact. Unlike many I quite enjoyed renting but the big black cloud was always the possibility of getting a section 21. I was moved on twice despite being an excellent tenant both times as my landlords wished to sell. It's hugely disruptive having to move home to someone else's schedule so much so that it's quite hard to feel settled on an AST. In the end I purchased as I'd got fed up of moving.
It used to be the S21 was no quibble (apart from getting dates right) but that has been chipped away the last few years:
The deposit protection regulations.
Curbing retaliatory eviction if the tenant has complained of disrepair.
Use the notice within six months to curb the Sword of Damocles.
The latter two coming into force soon.
Also there has been talk of offering longer fixed terms.
I think given the large number of private tenants the S21 may well be nibbled away more. We may see a resurgence of use of the Section 8 where it least the tenant has to have done something wrong to get the boot.
If this means landlords stop buying (or even sell up) it may free up the housing market and give younger generations the chance to buy instead of renting. The problem with over relying on the private rental sector is that it keeps house prices high as landlords use their existing equity to out bid so many FTBs. Rents are kept high to pay for the house etc and as there is a lot of demand to rent from priced out FTBs. What we really need is more association housing available at reasonable rents and for the government to stop propping up house prices with taxpayer's money with help to buy etc.0 -
Why would renting become more expensive? I would have thought tenants remaining in their homes without shelling out £100s to letting agencies every 6 to 12 months in renewal fees would make renting cheaper.
Not to mention the money saved by those tenants who do end up having to move frequently. Not just the time off work and the cost of physically moving your belongings but also more LA fees and fees from companies, such as insurance companies, that charge you just to update your address.0 -
Why would renting become more expensive? I would have thought tenants remaining in their homes without shelling out £100s to letting agencies every 6 to 12 months in renewal fees would make renting cheaper.
Not to mention the money saved by those tenants who do end up having to move frequently. Not just the time off work and the cost of physically moving your belongings but also more LA fees and fees from companies, such as insurance companies, that charge you just to update your address.
And, of course, there would be more of a negotiation element when it came to rent increases, the LL no longer being able to rely on the threat of S21 to force compliance.0 -
I say the following as someone who is generally more pro-tenant than landlord...
Banning it would be stupid. You would lose a flexible private renting sector which is actually a really useful thing to have. It is good for labour mobility, changing circumstance, freedom from asset ownership etc.
If LLs cannot guarantee recovery of possession at some stage then granting a tenancy becomes a problematic step. I think people forget how rubbish old-style tenancies were in many respects, except for security of tenure. Although we could probably design a better system now. But ASTs were introduced for some very sensible reasons no-one even considers these days.
You would also have to address things like how LLs could easily use the S13 rental raising powers to encourage someone to leave. And that would be the 'nice' way to provide such encouragement. There are other methods... That was one of the big problems of the older system.
However, I DO think that S21 powers are too accessible. It really should be a year minimum, rather than six months. Gym and mobile phone contracts are longer than AST security of tenure. Most importantly so are school years. That simple change would be a much better balance and fix a lot without losing the systematic advantages, as in many respects the AST system is now quite good.0 -
As a LL I would be quite happy to see S21 weakened or removed... if S8 were strengthened.
It doesn't make sense to me that it takes as much effort to get rid of a bad tenant as a good one.0 -
princeofpounds wrote: »I say the following as someone who is generally more pro-tenant than landlord...
Banning it would be stupid. You would lose a flexible private renting sector which is actually a really useful thing to have. It is good for labour mobility, changing circumstance, freedom from asset ownership etc.
If LLs cannot guarantee recovery of possession at some stage then granting a tenancy becomes a problematic step.
No-one is suggesting removing the tenants right to end a tenancy, so flexibility would remain the same for tenants who may choose to rent.
I do agree that many LL may decide to leave the rented sector and it will get smaller, but that isn't such a bad thing, is it?0 -
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Let's imagine... You're a landlord. You want to sell your BTL property, because your own life's changed, you need the money for other things, or you've just decided the landlord life's not for you.
No s21? You're waiting for your tenants to decide to move. Unless they do one of a prescribed number of things, you cannot - CANNOT - do anything, short of put the place on the market with sitting tenants.
No sensible landlord gets shot of good tenants without having a damn good reason. Why would you? It's a lottery whether the next ones will be good, and it'll cost you to find out.
Everybody thinks the lettings game is stacked against "their side". Tenants think they're hard done by. Landlords think tenants have it easy. Remove s21, and the dodgy landlords won't improve - they'll descend even further, resorting to intimidation to get tenants to want to move. Meanwhile, good landlords get the shaft.
Get a professional game-playing git of a tenant, somebody who knows exactly where to draw the line just _short_ of grounds for s8 - and even the very bestest of landlords will lose the will to live.0
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