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Fightback Begins: landlords demand radical repossession changes

Private landlords are setting out a manifesto of radical changes for the rental sector, starting with more repossession rights.

The demands are made by the National Residential Landlords Association in its proposals for the Renters’ Reform Bill.

With the government committed to abolishing section 21 the NRLA is calling for fundamental reforms to the rights of re-possession that are fair to both tenants and landlords.

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The plans outline grounds upon which landlords should be able to regain possession of their properties. This includes tenant rent arrears, anti-social behaviour and situations where landlords want to sell.

Where possession notices are challenged, the NRLA is calling for the creation of a new, publicly funded conciliation service, similar to the employment dispute body, ACAS. 

This would seek to resolve disagreements between landlords and tenants without the stress and costs associated with going to court.

The most serious cases, such as those related to criminal activity by a tenant, would need to go straight to court but most could be considered by the conciliation service. 

This would help the tenant and landlord to reach an agreement to keep the tenancy going or bring the tenancy to an end in a way that works for both parties, the NRLA claims. Both tenants and landlords would be able to access the advice and support they needed to make their case.

Where landlords failed to abide by the terms of the agreement they would be banned from being able to re-possess the property using the same ground for six months. Where renters did so, the case would be fast tracked through the courts.

With possession cases taking many months to be considered and ruled on by the courts, the NRLA believes its proposals would reduce the courts’ workload ensuring they can more quickly consider and act upon cases that do come before them.

Ben Beadle, Chief Executive of the National Residential Landlords Association, says: “As the government prepares this important Bill, it needs to enjoy the full confidence of both landlords and tenants. Our proposals are for a fundamental reform of re-possession rights which strike the balance between the needs of both. The over-riding aim is to sustain tenancies wherever possible or bring them to an end in a collaborative way.

“We hope that ministers will accept our proposals and act on them soon.”

The NRLA is today hosting a webinar on its proposals. 

The speakers will be the chair of the Housing Select Committee, Clive Betts MP; Hunters chairman and Conservative MP Kevin Hollinrake; the chief executive of Crisis, Jon Sparkes; and the NRLA’s Ben Beadle.

  • George Dawes

    About time too , It's been far too much in favour of the tenant during this plandemic

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    • 02 December 2020 07:03 AM

    Well.....Do you really think that Govt. or Courts will listen to NLRA?
    I think not.....

    Mark Wilson

    For once an objective posting! Is this a trend?

     
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    Yes good luck with that. As there suggestions don’t include anything that gives landlords a good kicking I suspect it will be put in the departmental shredder.

     
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    The Govt ride rough shop over the NRLA, they have no voice or influence, No reason for them to start taking notice now.

     
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    Conceptually this is a great idea, however in real life the government, councils and courts will not do anything with it. Were tenants are instructed by the tribunal or courts to leave within 14 days a fine or penalty and immediate bailiff attendance should occur for those ignoring or obstructing the order.

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    The Renters Reform bill is all about Government ducking out of their responsibility to house people, having created the situation in the first place by giving themselves a Statutory duty to do this. They are not able to cope now and blame the LL and this is the real reason they want rid of Section 21, it's not that the LL's was doing anything wrong no one wants to get rid of a good Tenant, the idea of S21 was to get rid of a bad Tenant or get his own property back if he wanted to and why not, regardless after all it is his property.
    They now talk of a system to be fair to LL and Tenant that's a bad joke with all recent rules stacked in favor of the Tenant. The other point is if they are talking about equal rights to both parties, have they forgotten that one party owns the Property ?.

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    Pointless. A conciliation service! Landlords whom don't follow the rules will take no notice as will tenants that have similar views.
    We've had rules and laws to tighten legislation for Landlords, most I don't have a problem with as was adhering to most of it in the first place. What we do not have is a quick eviction system that evicts problem tenants. There is too much support for individuals that flout the rules. For clarity i'm not talking about individuals that have genuine hardships.
    Our only defence is to ensure we get the good tenant in the first place, not easy.

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    • 02 December 2020 10:46 AM

    Ain't gonna happen my friends!!!!!

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    I have to agree with you on that one David I cannot see it happening either, but there is a down side here for tenants as well because we aren't going to be taking any risks when it comes to selecting new tenants.

     
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    So then what is the point of abolishing S21 then? This is S21 dressed up just to appease the left.
    There is nothing wrong with the current Housing Act that licencing Landlords will not sort out. The reality is Landlord's DO NO evict without fault.
    I've said all along that unless a Landlord can gain possession to get rid of bad Tenants on mandatory grounds, they will exit the market and we will be fall into a housing crisis of dramatic proportions.
    All these virtue signallers need to be very careful what they wish for.

  • girish mehta

    This should include rent arrears , the penalty should be double and tenant made to pay all landlord cost if they fail to vacate and means for landlords to recover through future benefits or through tax on tenants.
    No more free rides.
    No reason section 21 should be abolished. Just merged and modify section 8 and 21

    Landlords need freedom to run their business. There is lot of unnecessary laws passed which needs to be reviewed

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    Conciliation service? I can't see a LL who is owed £1000s in rent arrears and the tenant who owes them sorting it out over a cosy chat!

    Eviction process not helped by Councils refusing to do anything until a tenant is actually evicted. What we need is a swifter Court process for arrears and an increased social housing sector .

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    • 02 December 2020 16:27 PM

    Agree totally.
    And incidentally, it is illegal for Councils to offer such advice to tenants.

    I fail to see how they get away by doing such, and no one punishes them!

     
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    Conciliation service should be paid by tenant initially especially if LL has tried to contact.
    If tenant doesn't pay & initiate then straight to bailiffs notice. If tenants case is proven then charged against Landlord. In other words all non payment will incur a 'conciliation service' cost or a bailiffs notice. There has to be a motivating action to stop this tenant dragging it out nonsense.

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    • 02 December 2020 16:28 PM

    It is illegal for Councils to tell tenants to stay in the house until they are evicted.

     
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    David - Councils technically wouldnt be advising the tenant to stay until evicted. What they say is to the tenant is you wont get referred by us for emergency housing etc whilst you are housed elsewhere & they feel they should point out that they dont need to go anywhere until Bailiffs notice. They never seem to point out that they are doing massive damage to the LL financially and themselves by staying. I think we all know the political affiliation of majority of these council employees - cough politics of envy..

     
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    i am not sure thats true

    it should be but not tested in court as far as i know

    ombudsman has no real power

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    Time to stop the nonsense and reinstate Section 21 completely before we have the biggest collapse ever pfizer or not and while you are at it scrap the 2015 Housing Act that was never required brought in based on untruths.
    Otherwise the Government should have the decency to tell us straight that we have been Nationalized.

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    If only we were actually represented by a viable Association that had a voice. The NRLA has become a joke which is why the industry is in such a bad state now.
    When Shelter speaks the media are all over it, on the odd occasion the NRLA speaks, nobody hears them.
    Tme the Chair,Board and CEO went and were replaced by people who actually understand the industry and have the balls to stand up to Govt.

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