More Attacks On Section 21 Notices

Posted on: 21 August 2018

Generation Rent is on the attack again in opposition of the Section 21 which is calls the ‘leading cause of homelessness’. The group cites new research which says that in recent years there has been a surge in the use of S21 by landlords, notwithstanding the fact that it cannot be used if there have been failures by the landlord to abide by some health and safety regulations.

Yet again, we see a misguided and incorrect view portrayed by Generation Rent on another aspect of the private rental sector. A section 21 notice is one of the two ways which allows landlords, or agents acting on their behalf, to evict a tenant - it can be done when a property is to be sold by its owner, or when a tenant is in rent arrears, or when a tenant is breaching any of the other several clauses contained in their tenancy agreement.

Yes generation rent are correct that unlike a Section 8 notice, a ground does not have to be proven in court to grant possession, however lets also remember why landlords get into buy-to-let investments in the first place. Put it simply, what does a landlord want? A tenant who abides by the rules of their tenancy agreement and pays their rent on time each month. If a tenant were to do this, unless a landlords circumstances drastically change and they need to move back in to the property OR sell up (both of which a landlord is perfectly within his rights to do so considering the property is under his ownership) then the landlord would have no reason to seek possession through the use of a Section 21 OR a Section 8 notice.

Section 21 notices are generally only served when a tenant is DRASTICALLY breaching their agreement, the amount of conversations we have with landlords where their tenant is in significant arrears and they are still loathe to serve a notice would knock Generation Rent’s socks off. Furthermore and GR (as I will now call them) won’t want to hear this, but tenants can often be quite naughty during their tenancies. I review our arrears lists every month and on many occasions there are tenants who just decide to pay £100 of their £600 rent for example that month (which means they must have manually amended their standing order) and hadn’t contacted us to explain they were struggling, they would pay eventually and could we speak with their landlord for them. Would you go to Tesco and pay 50p for a sandwich that was listed as £2.50 and think that was ok? Why do some tenants think it is ok to do this with their rent?

GR need to face facts that yes, some landlords are bad and serve notice to their tenants, SOME landords (not all) don’t conduct maintenance when they should (and these are the landlords that should be removed from the sector) but YES some tenants are bad too and trash their landlords property, have huge rent arrears and refuse to leave without a possession order even AFTER a landlord has served a section 21 notice.

Just as an aside, and as a last stand against the ridiculousness that GR spout, most tenants leave properties because they have voluntarily given notice and have somewhere else to live, many tenants like this flexibility that they can move around when they want (I did when I was a tenant). CGT Lettings had nearly 550 tenants vacate in 2017/2018 and less than 10% of these were due to landlords requesting Section 21s. If Section 21s are removed from the industry then many landlords will also leave, with the population set to increase by 10 million by 2039 and a quarter of the population due to be renting at this time then too, where are all the properties going to come from if all good buy-to-let landlords have been scared away?

Angharad Trueman - Managing Director

Share:


Recent Articles

5 October 2021

How To Increase The Value Of Your Rental Property In 2021

As we move into the last part of 2021, it’s clear that throughout the year rental prices have been on the increase. Driven by demand and a lack of supply, landlords haven’t had to do much to affect this. But what will happen when the market levels out? Are you making the most out of...

22 September 2021

Podcast: Now Live On Spotify

We are delighted to announce that the Keeping it Real Estate podcast is now available on Spotify. In this podcast, George Baldwin of CGT Lettings talks in depth about the property world, interviewing local people, giving insight in to people's property journey, current issues and what...

23 August 2021

What's Going On With Rental Properties In Tewkesbury And Stroud?

‘The housing market is booming’, it’s all we’ve heard since the easing of restrictions for selling and letting after lockdown 1 in 2020. House prices across the country are on the increase and specifically across Gloucestershire have gone up over 14%. Following this,...

Get an instant online valuation

Find out how much your property is worth