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No-fault evictions to be scrapped

8 May 2019

Emma Cornell

No-fault evictions to be scrapped

The government have recently consulted on scrapping no-fault evictions under new government plans in order to protect tenants. However, landlords will still be able to evict tenants who do not pay their rent, damage the property or cause nuisance.

Tenants are to be protected against eviction without good reason to offer peace of mind to families unable to buy their own homes.

Ministers called it the biggest change to the private rental sector in a generation and it was enthusiastically welcomed by homelessness charities. However, one landlords’ group warned that it could lead to chaos and urged ministers to speed up the system for repossessing properties first.

Taylor Bracewell has responded to the government’s announcement that it will consult on scrapping section 21 “no-fault” evictions in the private rented sector.

Emma Cornell, Head of Dispute Resolution, said:

The removal of no – fault evictions is a significant change to the current position. It will have a large effect on both Landlords and tenants. Whilst it has the potential to offer greater stability to tenants there is always a concern that it could make landlords think twice as to whether they even continue to let out properties

Last year the Citizens Advice Bureau helped nearly 200,000 people with housing problems almost 60,000 of those were in the private-rented sector.

It has also been found that more than 2 in 5 tenants say that the fear of being evicted makes them not talk to their landlord about disrepair and tenants who made a formal complaint to either their local authority or to a redress scheme had a 46% chance of being issued with a section 21 eviction notice in the following 6 months, according to research carried out in March 2018.

In 2015 laws attempting to ban revenge evictions were introduced 141,000 tenants were affected by this type of eviction. 44% of tenants who experienced delays in getting repairs done by their landlord said fear of eviction would stop them from continuing to negotiate about disrepair.

However, many landlords like the option of short term letting. Knowing that they cannot get their property back without the tenant being in default can be a cause for concern. It may lead to landlords leaving the property rental market altogether.

If you would like more information about no-fault evictions or would like any other specialist advice, please do not hesitate to contact Emma Cornell, Head of Disputes Resolution, on 01302 965299 or alternatively you can email emma.c@taylorbracewell.co.uk

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