On the 15th April, the Government announced its plan to change the eviction process (Section 21) for landlords wanting to remove problem tenants.
What is the Current Legislation for Section 21?
As it stands, landlords in England can remove tenants from their properties using a process called Section 21. This process, however, cannot be used during the fixed term of a tenancy. A Section 21 notice gives tenants two months’ notice before they’re expected to move out of the property. At the moment landlords don’t have to provide their tenants with a reason for this. If the tenant refuses to leave or is not out by the end of the two months, landlords can apply for a possession order from court. If things get to this stage then the landlord must provide evidence of why they wanted to remove their tenant and ensure they have all the necessary paperwork. The court will usually act in favour of the landlord and will grant them possession.
What are the Proposed Changes?
The current Section 8 process would be more widely used if Section 21 is abolished. This process allows landlords to regain possession of the property under certain circumstances, usually when the tenant has breached the tenancy agreement. If a tenant is in rental arrears, has damaged the property or is exhibiting signs of anti-social behaviour then Section 8 can be used. In theory, this doesn’t sound like such a bad idea, however, many landlords have argued that the current Section 8 process is more lengthy and costly than a Section 21 notice.
The government has counter-argued that, if they abolish Section 21, they will aim to speed up the process of Section 8, as well as amending it to enable landlords to ask tenants to leave because they wish to sell the property or move into it themselves.
When will These Changes Happen?
The government has indicated that they’d like to implement these changes as quickly as possible, however, they will have to introduce the idea to Parliament and get the legislation passed first.
One thing they have said, though, is that the changes won’t affect existing tenancies, but will only affect ones set up after the change has happened.
We will update you as we find out more. If you’re a landlord with difficult tenants or you just want to sell your property quickly due to the recent increase in taxes, then we can help. We’ll buy your property for a fair cash sum and, if you have difficult tenants, we can have them evicted with all legal fees covered by us. Get in touch today to find out more.