14 May No Fault Evictions To Be Abolished
No-Fault Evictions To Be Abolished
Over the last few weeks, the UK government has outlined plans to consult on abolishing section 21 tenancy notices to end the no-fault evictions.
Landlords have been using section 21 notices to evict tenants on short term tenancy. Once landlords have served a section 21 the tenant has 2 months notice to leave the property, the landlord can serve one without reason or minimal requirements. A recent high profile case saw Fergus Wilson sell his entire portfolio and hundreds of tenants faced eviction in the process.
According to many, this has been seen as a political move from the UK government. Amendments have been highlighted for section 8 which includes making valid ground for evection with a shortened court process and allowing landlords to regain properties if they wish to sell or move into them.
No-Fault evictions seem like they are going to be a thing of the past. As long as a landlord follows the correct court and notice process, here are a few of the valid reasons to evict a tenant.
- Rent Arrears
If you have a problem tenant which is failing to pay rent, which falls 2 months or 8 weeks in arrears you as a landlord can take possession of the property.
- Late Payments
If you have a tenant which pays late every month consistently you can serve notice on them. Your tenants might not be in arrears but regular late rental payments are valid grounds to seek possession of your property.
- Breach Of Contract – Pets, Subletting, Smoking
If your tenants break any of the terms within the tenancy agreement. For example if the tenancy contract states they aren’t allowed pets, smoking and if they are subletting the property (which is very common now with the rise of Airbnb). These are viable grounds to seek the eviction process.
- Illegal or Anti-social behaviour
Tenants who are causing anti-social problems, maybe causing issues with neighbours or having their music on too loud which will be affecting surround houses. Or using the house for Illegal or immoral purposes. The landlord will be able to take possession of the property.
If the lender on the property is going through repossession proceedings which are usually due to payment arrears from the owner, the lender can then possess the property to cover its losses.
- Disrepair, Repairs or Development
If the property is not habitable or is not safe to live in, or the property owner wants to develop the house and can’t pass basic living conditions. If there is a suitable place for the tenant to move to the landlord can take possession of the property.
- Damage To The Property
If your tenant is causing damage to the property, aside from normal wear and tear. Everything from red wine stains to cigarette burns. Damage to your furniture if you have let the property furnished or stains on the carpets can all be valid grounds to seek possession of the property.
- False Information
If your tenant has lied or given false statements during the application process for the property, i.e giving fake credit reports or false references which makes the tenant look responsible to rent the property. If you can prove that the tenant has lied during the application for the property you have grounds to seek possession by a court order.