Rental Agreements

Opportunity2B

Is it possible either through an agent or privately to let a property outside of the Landlords and Tenancy Act. I ask this because of the Section 21 exclusion to be introduced. I would still include all rights as before but retain Section 21 wording. I am an experienced landlord who has always been fare and reasonable and never had any issues. Im not at present in the market but am considering something maybe for the future. It's just the exclusion of Section 21 that is worrying me.

FlorayG

I don't think that would be legal

DE_612183

Any other bits you'd like to avoid - things like the property being fit for habitation, or responsibility for remedial work or safety of installations?

The act is there for a reason to protect people - cherry picking the bits you like and don't like doesn't really work.

RHemmings

Live in the property yourself, and have lodgers instead of tenants. 

Note: lying that you're living in the property when you aren't won't do it. 

There will still be laws that you need to follow. But, less onerous ones. 

theartfullodger

Opportunity2B said:

Is it possible either through an agent or privately to let a property outside of the Landlords and Tenancy Act. I ask this because of the Section 21 exclusion to be introduced. ....

Yes, easy.  Just rent for a high amount PA or a low amount pa.  Job done!!  - below £1,000pa  greater london, £250 elsewhere, or over £100,000.  with or without agent.


There are other tenancies excluded from being assured tenancies (therefore can't be ASTs...) - see
https://england.shelter.org.uk/professional_resources/legal/renting/assured_and_assured_shorthold_tenancies/tenancies_that_cannot_be_assured

Having been a landlord is Scotland where the s21 equivalent was abolished  (Complete new tenancy type came in) I was never bothered about the "s21" abolition.  Why do England landlords appear so much more frightened?? 

Having said that until the new changes or laws come finally in, who will know how it will be??

Bit surprised that you being a landlord appear unaware of these laws being around since 1988 (Mrs T, never a fan...)

user1977

Opportunity2B said:

Is it possible either through an agent or privately to let a property outside of the Landlords and Tenancy Act. I ask this because of the Section 21 exclusion to be introduced. I would still include all rights as before but retain Section 21 wording.

Have a think about it - why would Parliament allow landlords to bypass the new rules that easily?

RHemmings

I just hope there isn't going to be some sort of 'freeman on the land'/'sovereign citizen' thing developing among landlords. Does the Magna Carta say anything about S21? 

CurlySue2017

Opportunity2B said:

Is it possible either through an agent or privately to let a property outside of the Landlords and Tenancy Act. I ask this because of the Section 21 exclusion to be introduced. I would still include all rights as before but retain Section 21 wording. I am an experienced landlord who has always been fare and reasonable and never had any issues. Im not at present in the market but am considering something maybe for the future. It's just the exclusion of Section 21 that is worrying me.

I have my doubts about this, given the question that has been posted

theartfullodger

Opportunity2B said:

,.......... I am an experienced landlord who has always been fare and reasonable and never had any issues. ....

Blimey , charging poor downtrodden tenant a fare as well as rent!

I accept you think there were no issues, obviously, but bet there have been issues - if tenants were asked by a neutral not landlord.  

Artful, landlord for his sins.