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SECTION 21 EVICTIONS TO BE SCRAPPED

Section 21 evictions are due to be scrapped under new legislation.  This legislation is not yet in force and before coming into force, it will need to go through the usual Parliamentary process, including being voted on by members of the House of Commons and the House of Lords. 


There have been reports that this legislation will end no fault evictions.  This is inaccurate because the new legislation includes a new ground for possession, where the landlord wishes to sell the property.  Furthermore, there is already a no-fault ground for eviction, where the landlord requires the property for their own residence and gave notice that this ground might be relied upon at the start of tenancy.


The government claims that section 21 evictions were being used to deter tenants from reporting or complaining about disrepair.  In my experience they are used because of the time and expense involved in obtaining a possession order by proving a breach of the tenancy. 


This process can take around a year, sometimes longer; at the end of the process the arrears have increased but the tenant is usually unable to pay them.  The landlord will also incur legal costs but is rarely able to enforce a costs order against the tenants because they are legally aided and/or impecunious.

 

If a landlord obtains a costs order against a legally aided defendant, they cannot enforce it without the Court’s permission (which would normally only be given if the defendant’s financial circumstances changed), although if they lose the case they are likely to have to pay the costs of the tenant’s solicitors, at the solicitor’s commercial rate.


If you need advice because you want to recover possession of your property from a tenant, please contact us.  The process is difficult and unforgiving to landlords if mistakes are made, but we are experts in this field.      

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