The new government has made it very clear that it will take urgent steps to alter the rules governing the ability of landlords to get back properties (houses or flats) let to residential tenants. In particular, they will be removing the right of a landlord to recover a property by simply serving what is known as a Section 21 notice. This gives the tenant two months in which to vacate the property and the landlord does not have to prove any fault on the part of the tenant (e.g. anti-social behaviour or rent arrears).
This proposal has been met with horror by some landlords but needs putting in proper context. As it stands, you cannot evict a residential tenant before the end of his/her fixed rental term (typically six months or a year) just because you want to and, even if the Section 21 notice is served properly, the landlord still has to go to Court if the tenant simply sits tight and does not move out.
Further, it is perfectly possible for a landlord to get a property back if there are serious rent arrears by serving what is called a Section 8 notice, which only requires fourteen days’ notice rather than two months.
In addition, the new rules will, no doubt, enable landlords to get properties back in certain specified circumstances any way – e.g. if the landlord wants to occupy the property himself/herself.
It is anticipated that the new legislation may lead to more Court action being required and a worry is that the Court system will be swamped with applications, which will lead to serious delays in both obtaining a Court Order for possession and then enforcing that Order via the bailiff if the tenant still doesn’t move out. This is already a major issue in certain parts of the country but, thankfully, York County Court is reasonably quick in dealing with such matters (relatively). A recent possession Claim of ours took twelve weeks to get from our lodging the Claim at the Court to the bailiff taking back possession. This may seem a long time but it is much worse elsewhere!
This is a very complex and ever-changing area of the law and it is absolutely essential that you obtain proper specialist legal advice before taking any steps whatsoever. Speak to John Walker or Cara Wilson at Guest Walker. They are always happy to give informal advice or to act in legal proceedings.
John specialises in commercial and residential landlord and tenant matters, licensing, sales and purchases of businesses and buildings, property advice in relation to Self Invested Personal Pension plans (SIPPs) and Small Self Administered Schemes (SSASs).
John has particular expertise in the 2016 Pubs Code Regulations and MRO Leases.
John loves working in the city centre with a lot of very nice, honest, hard-working, reliable people.
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