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End of No Fault Evictions?

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  • tom9980
    tom9980 Posts: 1,990 Forumite
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    fishpond wrote: »
    If a tenant defaults on the rent, I can give them a section 8 and an s21 to run side by side.
    Or I can give them an s8, which means they have made themselves homeless by not paying the rent, which afaik means that they will not be rehoused by the council.
    If I give them an s21 they should be rehoused as it is a no fault eviction.

    Which means they will likely stay until the bitter end most likely destroying your property in the process. I was considering updating the bathroom and kitchen before letting again in the next month or two but i will either now sell or not do that work just in case the next tenant is bad.
    When using the housing forum please use the sticky threads for valuable information.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    AnotherJoe wrote: »
    So there will have to be a mechanism to manage that otherwise on the one hand rent rise acts as a de facto eviction if the tenant doesn't accept it (possibly because its very high for that reason) , or a tenant refusing to accept a rent rise can stay indefinitely and LL's can never raise rents.
    No, it's very simple.
    Let's say the tenancy says something along the lines of "rent can rise by RPI on each anniversary of moving in."

    There y'go, job jobbed. Rent goes up by inflation each year. If the tenant doesn't like it, the time to object was before they signed the tenancy. Hardly unfair, is it?

    Oh, wait. Most tenancies do precisely that anyway.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    AdrianC wrote: »
    No, it's very simple.
    Let's say the tenancy says something along the lines of "rent can rise by RPI on each anniversary of moving in."

    There y'go, job jobbed. Rent goes up by inflation each year. If the tenant doesn't like it, the time to object was before they signed the tenancy. Hardly unfair, is it?

    Oh, wait. Most tenancies do precisely that anyway.


    "every complex problem has a simple solution - which is wrong"


    So now, there's a rent rise built in each year. Which there may not have been before.

    Many LL's here have posted to the effect they dont raise rents for years as they would like to keep good tenants rather than swap for a few extra quid.
    And if "inflation" (CPI?) isn't cutting it for the LL and she decides it needs to be more, or even rental inflation is outstripping general, what do they do? They cant raise the rent to market value any more as tenant will stay put.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    I blame Homes Under The Hammer for making people think BTL is a good thing for anyone. :)
    landlord wanting to love in the property

    :eek:

    Gotta love typos. :D
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    AnotherJoe wrote: »
    "every complex problem has a simple solution - which is wrong"

    So now, there's a rent rise built in each year. Which there may not have been before.
    But almost certainly was.

    Many LL's here have posted to the effect they dont raise rents for years as they would like to keep good tenants rather than swap for a few extra quid.
    Just as they choose not to now, even if it's in the tenancy. No change.


    And if "inflation" (CPI?) isn't cutting it for the LL and she decides it needs to be more, or even rental inflation is outstripping general, what do they do? They cant raise the rent to market value any more as tenant will stay put.
    C'est la vie. The tenancy is a contract. Rent can't be raised more than the tenancy states.

    Or are you suggesting they should be able to?
  • SouthLondonUser
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    AnotherJoe wrote: »

    Many LL's here have posted to the effect they dont raise rents for years as they would like to keep good tenants rather than swap for a few extra quid.

    Well, so what? No landlord has posted here admitting a revenge eviction because they wanted to kick out a tenant who dared complain about mould or a broken boiler or whatever, but, guess what?, it happens. Hardly surprising that the tenants and the landlords guilty of the dodgiest behaviour either lie about it or don't post about it here.


    AnotherJoe wrote: »
    And if "inflation" (CPI?) isn't cutting it for the LL and she decides it needs to be more, or even rental inflation is outstripping general, what do they do? They cant raise the rent to market value any more as tenant will stay put.
    Well, a system like this would prevent rent increases by 10% every year, which has been known to happen in the past in certain parts of London. Oh, cry me a river for the poor landlords who will no longer be able to increase rent by 10% a year...
  • markin
    markin Posts: 3,852 Forumite
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    kimplus8 wrote: »
    as a renter I personally welcome the change. I rented 3 properties over a space of 2 years because the landlord 'changed their mind' or wanted to move in. One of the properties I had only been in for 4 months when they gave me notice to leave at the end of my 6 month tenancy because her daughter had baby and she wanted to rent the house to her instead.
    all the while It cost me significantly inmoving fees, time off work, reference and tenancy fees again etc. Plus I ended up having to take somewhere £100 more per month because that is all that was available at the time in the area I lived in. Looking back I should have refused go and waited for the council to help but I didn't want an evection etc to happen with my children.
    I understand some landlords have changes in circumstances that will make them need the house back, (a landlord I had 10 years ago had. bereavement and needed to sell to pay for things) but going on a years sabbatical abroad and renting the house out as a long long term let to then get to 10 months and 'want the house back' is not of benefit to anyone except the landlord.




    Not sure i see your problem with having a 6 month tenancy and being asked to leave after 6 months.
    .............................................................................................



    As i see it this is 100% the governments fault for failing to build council homes, And then handing out HB, Housing benefit should never been allowed to private landlords, but for 6 months if you lost your job, and anyone wanting a secure tenancy or needing HB should have been easily be able to get a council home.


    I constantly read that many young renters want to be mobile for work and that is where private landlords should come in with 6 month 12 months tenancys, They should not be used as a substitute for social housing.
  • dividendhero
    dividendhero Posts: 2,417 Forumite
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    Well, so what? No landlord has posted here admitting a revenge eviction because they wanted to kick out a tenant who dared complain about mould or a broken boiler or whatever, but, guess what?, it happens. .

    A moments thought would reveal that any LL would prefer to know about problems as soon as possible, so the line about being evicted due to reporting a faulty boiler is usually BS. As posted previously vast majority of "no fault" evictions are unpaid rent
    Hardly surprising that the tenants and the landlords guilty of the dodgiest behaviour either lie about it or don't post about it here.
    .

    I've been a LL for twenty years and know plenty of other LL's, I've never come across a case of a "revenge eviction". I've come across plenty of dodgy stuff from tenants - everything from threatening LL's, making false allegations through to false claims about serious illness
  • SouthLondonUser
    SouthLondonUser Posts: 1,425 Forumite
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    edited 15 April 2019 at 6:56PM
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    A moments thought would reveal that any LL would prefer to know about problems as soon as possible, so the line about being evicted due to reporting a faulty boiler is usually BS. As posted previously vast majority of "no fault" evictions are unpaid rent
    And you know this how? Because you have personally reviewed a statistically meaningful sample of cases?

    I could point you to many stories in the press but you'd probably say that tenants always lie.

    I could point you to some cases told here (I believe one in this very thread) but you could say the same.
    I've been a LL for twenty years and know plenty of other LL's, I've never come across a case of a "revenge eviction".
    Totally, completely and utterly irrelevant.
    It's like saying "I have been a husband for 20 years, I know many husbands, and I have never come across a case of a husband hitting a wife".
    I've come across plenty of dodgy stuff from tenants - everything from threatening LL's, making false allegations through to false claims about serious illness
    Let's not turn this into a "landlords are all evil" vs "tenants are all dodgy" type of debate. There is dodgy behaviour on both sides - no reasonable person can dispute that. I have come across plenty of dodgy stuff from landlords myself, but I try not to generalise. Similarly, I have never trashed a property nor missed to pay rent but I do acknowledge that that stuff happens.

    Let's try to be realistic here, please.

    EDIT: Let me add my own very personal experience. Many moons ago I rented a flat in a large development in the summer and couldn't check the heating because it was communal. When winter came, the radiators weren't working. It turned out the work required to fix them was quite substantial and the landlord was unwilling to pick up the tab. I couldn't terminate the contract within the first six months; after a LOT of fighting and threats of legal action, the landlord very reluctantly agreed to buy some electric heaters which were better than nothing but still inadequate. he made it very clear he was unwilling to fix the radiators, so I left as soon before the next winter. What recourse did I have to force him to fix the radiators? In New York I could have withheld rent, but not in England. See, you should have the intelligence to appreciate that the world is not limited to what little you may or may not have experienced yourself! Mine was a perfect example of a case in which the landlord did not want to pay for the necessary repairs. I could have easily seen that escalating into a revenge eviction had I not left myself.
  • tom9980
    tom9980 Posts: 1,990 Forumite
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    EDIT: Let me add my own very personal experience. Many moons ago I rented a flat in a large development in the summer and couldn't check the heating because it was communal. When winter came, the radiators weren't working. It turned out the work required to fix them was quite substantial and the landlord was unwilling to pick up the tab. I couldn't terminate the contract within the first six months; after a LOT of fighting and threats of legal action, the landlord very reluctantly agreed to buy some electric heaters which were better than nothing but still inadequate. he made it very clear he was unwilling to fix the radiators, so I left as soon before the next winter. What recourse did I have to force him to fix the radiators? In New York I could have withheld rent, but not in England. See, you should have the intelligence to appreciate that the world is not limited to what little you may or may not have experienced yourself! Mine was a perfect example of a case in which the landlord did not want to pay for the necessary repairs. I could have easily seen that escalating into a revenge eviction had I not left myself.

    There is a process https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs its just you and others seem to ignore it exists. This process can also protect you from revenge eviction.
    When using the housing forum please use the sticky threads for valuable information.
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