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End of No Fault Evictions?

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  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    westernpromise wrote: »
    The point I think, David, is more that you would have to go to court to get back into your own property.
    In what way would that differ from the current scenario if the tenant doesn't move out when you'd like them to?
  • markin
    markin Posts: 3,848 Forumite
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    edited 15 April 2019 at 1:36PM
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    need_an_answer wrote: »
    It doesn't seem that long ago the the government were telling us all that longer tenancies were the way to go forward...now it seems the tenant is in the driving seat when determining how long they want to stay in a property,so all the consultation about fixed term tenancies now seems a waste.


    LL's or indeed owners wont want to keep properties unoccupied simply because after 6-12 months the council tax ramps up too.


    I really think this is the beginning of the end for a LL with little intention of being a business.


    What are valid reasons for "exemption because occupation is prohibited by law" for council tax, Is A bad EPC valid reason? or would it have to be condemned for mold? A bad boiler? I can't see any answers on the internet.


    All the council websites say is... Class G or just
    Apply for an exemption because occupation is prohibited by law


    EDIT: googling 'class G', it seems to relate only to planning law only, no other laws.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Thrugelmir wrote: »
    Hopefully you will have let the property on a fixed term contract and kept the tenant informed of your intentions.


    Fixed term contracts appear to be a thing of the past according to the new rules?
  • DoaM
    DoaM Posts: 11,863 Forumite
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    SouthLondonUser wrote: »
    Does any one know what happened in Scotland after tougher rules were introduced?

    It would be very interesting to understand

    Didn't post #10 cover this?
    davidmcn wrote: »
    We already have similar provisions in Scotland, and the sky hasn't fallen.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Guerillatoker wrote: »
    No I'm not. I'm making the assumption that there are currently renters who are priced out of the purchasing market who would like to purchase if affordable.
    Can you prove me wrong?


    Logic would indicate that LL's wont pay top dollar for a house and so are more likely to be able to buy a property not because of paying more but because of access to money (eg BTL mortgage or cash), or because they offer a short simple chain to the vendor. So its not LL's keeping the market high.
  • Guerillatoker
    Guerillatoker Posts: 625 Forumite
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    AnotherJoe wrote: »
    Logic would indicate that LL's wont pay top dollar for a house and so are more likely to be able to buy a property not because of paying more but because of access to money (eg BTL mortgage or cash), or because they offer a short simple chain to the vendor. So its not LL's keeping the market high.

    No, but the increased supply from people selling their houses (which have now become a dead investment unless they are appreciating faster than the upkeep) should effect prices, right?
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
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    Norman_Castle wrote: »
    This proposal provides a safety net to private tenants. It may not be in your favour but as you said, "You just can't predict how life will turn out". Imagine being a tenant living without the security of tenure or a spare home.

    Private landlords need to accept responsibility for their tenants, not just view them as a source of income. Responsible landlords shouldn't be harmed by these proposed changes.

    Can you evict if you need to sell the property?
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Guerillatoker wrote: »
    No, but the increased supply from people selling their houses (which have now become a dead investment unless they are appreciating faster than the upkeep) should effect prices, right?
    Perhaps.

    If there are sufficient people wanting to buy the kind of property that landlords have been buying.

    Remember, many "investment properties" are unmortgageable without spending money on lease extensions, or for other reasons. And, as has been pointed out, LLs buy on yield - which means they're buying the lower-priced properties already.
  • SouthLondonUser
    SouthLondonUser Posts: 1,425 Forumite
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    To answer my own question: the Private Residential tenancy was introduced in Scotland less than 2 years ago, so it's probably too soon to assess its impact.

    On paper, it seems to address a number of reasonable concerns of both parties:
    • tenancies are open-ended
    • rent can only be increased every 12 months
    • landlords must give 3 months' notice
    • some articles claim that the repossession process has been made quicker; I haven't found many details so I don't know
    • there are some very specific reasons that allow a landlord to evict a tenant: things like arrears, intention to sell the property, major refurbishment, landlord wanting to love in the property. These are mandatory, ie if the Tribunal agrees the reason is real, the tenant must leave. Other reasons are discretionary, ie the Tribunal must decide whether to grant eviction or not, and are things like a family member needing the house, or anti-social behaviour by the tenant.

    On paper, it all seems fairly reasonable:
    • tenancies do not last forever
    • tenants in arrears can still be kicked out
    • if the landlords want to move back in or sell the property, they can
    What landlords cannot do:
    • increase the rent every other week
    • revenge eviction

    I stress "on paper" because I have no direct experience with the Scottish housing market.


    However - again, on paper - it all seems fairly reasonable, unless you want to claim that landlords should be allowed to increase rent every other week or kick out tenants who dare complain. By the way, please do not say landlords want to hold on to good tenants: that's a myth, it may apply to some landlords but not to all. Ever heard interviews with Fergus Wilson? He loves to brag that complaining is an early indicator of potential trouble, and he doesn't want trouble.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    edited 15 April 2019 at 1:40PM
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    I am a landlord and have been since 1990. I think we have done 4 evictions in 29 years. We want tenants to stay for as long as possible. 3 years is short so longer fixed terms would have made no difference. We have 2 properties that tenants have lived in for over 10 years on rolling tenancies.


    We have more than those 2 properties.




    All properties were bought to be let. There are no typical first time buyer properties.



    All properties are managed by agents.
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