A landlord has hit out at the Renters Rights Bill, saying scrapping Section 21 is dangerous and removes a valuable tool for landlords.
James Scollard, a private landlord from Bournemouth, contacted Landlord Today to say that S21 notices always have ‘reasons’ despite being nick-named ‘no fault’ by some commentators.
He says: “The rhetoric for ‘no-fault’ evictions is wrong. It should be ‘No-explanation needed’ evictions.
“‘No fault’ eviction suggests the S21 is given for no reason or no fault on behalf of the tenant. However, it’s important to understand every one of the eviction notices issued, has been done so for a reason.
“For years, tenants would contact the local council about the potential of going down the social housing route and for years the local housing officers would advise the tenant they need to be served with an eviction notice before they can rehouse them, but not to make herself intentionally homeless by moving out.
“The tenant would then contact the landlord and ask the landlord to send a Section 21 eviction notice. The council inform the tenant, the tenancy does not end if they refuse to leave, but only ends if a bailiff evicts them. The local council legally must rehouse the homeless and provide emergency housing.”
Scollard – who runs Clifftons Property Management in Bournemouth – says another reason for using a Section 21 Notice is anti-social behaviour – and he explains just what it can mean in some circumstances.
“Anti-social behaviour could include aggressive behaviour, swearing at the neighbours, flicking fag butts off the balcony, smearing the communal areas with excrement, drunk and wee-ing in the communal areas, after parties at 4am with excessive noise, ringing the doorbell at 4am four nights a week, cocaine and cannabis smelling throughout the block of flats, alcohol issues, alleged rapist, alleged drug dealer, alleged brothel” he says.
He believes solicitors and letting agents will never advise a landlord to go to court based on a discretionary ground, that can take months and fail to be awarded an eviction, with a case of ‘it wasn’t me, prove it.’
“Therefore, landlords are advised to use a Section 21 Notice – a guaranteed possession. No explanation needed. A guaranteed eviction.”
This article is taken from Landlord Today