The government has rejected a call for landlords to have powers to evict tenants who fall 14 days into arrears.
Property investor Ranjan Bhattacharya launched the petition two months ago but so far it has a modest 12,500 signatures.
Bhattacharya says: “You can't go into a supermarket and steal your week’s groceries. There are laws in place to protect shop keepers large and small. Not paying rent is also theft with the landlord being the victim. In Australia, tenants can be evicted for being 14 days in arrears with rent. Let’s have that system here.”
The government, it appears, does not agree.
In a lengthy formal response to Bhattacharya, the Ministry of Housing, Communities and Local Government explains the legal system of possession, and then says: “We understand that there are some cases that landlords should be able to progress more quickly, because of the pressure they place on landlords, other tenants and local communities.
“Therefore, notice periods for the most serious circumstances, including in instances of anti-social behaviour and where six months of rent is due, have been reduced to between two and four weeks.
“Landlords are still able to seek possession for all levels of rent arrears, but must provide six months’ notice if less than six months of rent is due. Given the ongoing pressures of the pandemic, the Government believes this approach strikes a fair balance of ensuring landlords can progress the most urgent cases whilst ensuring ongoing protections to tenants. To further protect against coronavirus transmission, the Government has temporarily changed the law to ensure bailiffs do not enforce evictions in England until 11 January 2021.
“The only exceptions to this are the most serious circumstances, which does not include 14 days rent arrears.
“The Government has been clear that tenants remain liable for paying their rent. An early conversation between landlord and tenant can help to agree a plan if tenants are struggling to pay their rent.
“To help tenants pay their rent, the Government has put in place an unprecedented financial support package. This includes support for business to pay staff salaries through the Job Retention Scheme, with employees receiving 80% of their current salary for hours not worked until March 2021. We have also introduced substantial welfare support to help those who are facing financial disruption. This includes, in 2020/21, an extra £1 billion to increase Local Housing Allowance rates so that they cover the lowest 30% of market rents. As announced at the spending round for 2020/21 there is already £180 million for local authorities to distribute in Discretionary Housing Payments to support renters with housing costs.
“We are grateful to landlords for their forbearance during this difficult time and are conscious of the financial pressure on landlords. Where landlords find themselves in coronavirus-related hardship, mortgage lenders have agreed to offer payment holidays of up to six months, including for buy-to-let mortgages. This was further extended, with applications open to 31 March 2021 and those that have already started a mortgage payment holiday will be able to top up to six months without this being recorded on their credit file.
“Where possible and appropriate, including cases of rent arrears, we encourage landlords and tenants to consider alternative dispute resolution such as mediation to reach a mutually acceptable agreement to resolve their dispute, without the matter needing to go to court.When parliamentary time allows, the Government is committed to introducing reforms to deliver a fairer and more effective rental market.
“This will be achieved by legislating to remove Section 21 of the Housing Act 1988, to provide tenants with more security – but also strengthening the grounds for eviction to ensure that landlords have confidence that they can gain possession when it is fair to do so. This includes working closely with the Ministry of Justice to explore how we can simplify court processes and make them work more efficiently.”
The petition is still online here.
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The usual Governmental Codswhallop.
The Govt have off-loaded their welfare responsibilities onto private Landlords by manipulating the legal system.
It will come home to roost.
I refuse to have tenants now: just short term visitors who I know have good jobs in their own countries. That means no British residents at all.
The government gives tenants the right to abuse us - in reality!
Screw them!
I must admit I'm definitely going to be very restrictive in who I let to in the future with the way things are going, especially the problems caused by the pandemic and the commitment to scrap section 21 which is the landlord's sure way to deal with problems when all else fails. If necessary I will sell property when my mortgages come to and end and cash in the gains in the most tax-efficient way.
My rules: full payment for the 6 months plus a good deposit. Otherwise no deal.
This is a response to government policy which encourages the cheats!
The MHCLG, so it knows its not a fair system for LL's (can't be the Tenant as every recent piece of legislation has been to favor the Tenant) but they are ploughing ahead scrapping / removing Section 21 making it more unfairer for LL's. I have been to the meetings heard all the discussions from all the weedy non property speakers and its clear its their ideas that's being implemented, telling us in what circumstances we as owners can get our property back, marvelous isn't it. One scenario was if we need it for a Family member, another was if wanted to sell the property and then must sell. I say none of their Business I didn't need their advice when I bought the Property or get any financial support they are just leaches, this is tantamount to confiscating part of your acids. its not reds under the beds anymore, they are in Government departments & Civic centers.
Scotland has had this since December 2017 and rents went up 30% when this came into force, so it's not all bad for landlords but disastrous for tenants without impeccable credit ratings and solvent property owner guarantors.
As usual, decent tenants pay the price for measures that would only benefit rogue tenants and even the rogues will only enjoy a short term benefit until eventually evicted and forced to a life in b&b or council accommodation as no private landlord will touch them again.
It should be pretty obvious now that the government are hellbent on destroying the PRS
They only care about BIG business and all the 'advantages' they bring...
Councils are beyond derision ; useless , hopeless , pointless
Maybe landlords should get a real job instead then...
So Vincent, you are one of these that think landlords sit on their backsides just watching the money flow into their bank accounts ? I wounder what sort of work that you do, or do you watch daytime TV watching the UC flow into your bank account.
Vincent
Exactly who do you think would house everyone who won't or can't buy their own homes?
As well as providing homes, many landlords are extremely hands on with property maintenance, refurbishment and improvements. Local tradesmen and handymen also benefit hugely as we,by and large, keep our properties in much better condition than many owner occupied starter homes in the local spam valleys.
PS. Andrew, I've put the towels on your sun beds but the champagne is getting a bit too warm as the tropical sun has melted the ice, so don't waste any more time on replying to idiot posts!
Probably Vincent is either a socialist who has nothing but words to offer or one of those who believe LL have no financial obligations to mortgage lenders- who repossess property/properties if the LL fails to pay their mortgage because the tenant is not paying the rent. LL are not blessed with godsend windfalls to offer rent free accommodation
VINCENT: That is a clever response. NOT!
Without Landlords some 4,500,000 families would be without a roof over their heads. Certainly the GOVT. cannot provide that (GVT. Statistics: "The number of households in the private rented sector in the UK increased from 2.8 million in 2007 to 4.5 million in 2017, an increase of 1.7 million (63%) households".
The GOVT. cannot provide that, so where do these families go?
So Vincent, I assume you don't care a hoot for of those 4,500,000 families.
At lease we people who "should get a job" already have a job - Of allowing these people to have shelter.
What a pathetic ill informed statement. Investment is what makes economies thrive. it gives hope, creates jobs and a better future for millions around the world. Without investment there would be no future. Methinks you need to educate yourself a little my friend.
I worked two real jobs to save the money to buy a small btl for my future. Nobody objected: especially to the extra tax I paid which helped pay for nurses etc!
I have seen tenants who are loaded save thousands whilst their poorer landlords suffered.
Best advice for a beleaguered landlord: find a powerful villainous landlord and sell to him. He overcomes all the rules and gets away with it: no bad tenant dares complain.
That’s what you get when you drive out the decent landlords.
Not forgetting too that rentals are, for many, many LL, their only source of income. So, for a lot they have had no income now for nearly a YEAR!!!
No one talks about that!!!!!!!!!
Some landlords are on the poverty line while their tenants abuse the new bias!
This government is the most corrupt, incompetent one of all time , I'm ashamed to say I voted Tory
NEVER AGAIN
I never thought this 14 day powers to eviction had any prospect of success which is why I didn't bother to vote, it was too severe. I appreciate it was well intentioned & have so far got 12500 signatures and are trying to do something to address the unfairness to LL's. However, I believe if they had said one month minimum to six weeks arrears, it would have had a much better chance of getting the 100'000 signatures for Government to do something.
I agree, they were never going to consider 14 days.
ha ha... I've been away for a couple of months - only came back to check on your health and well-being !..
I see that you're all still spouting the same vile sewage
You're a sad man Seb , you have my symperthy .
Ha ha... I don't know what "symperthy" you're talking about Andrew, or how much it's worth but I hope it's enough to compensate for listening to all the bloody whining and moaning that continues incessantly on this website - no wonder the editor left recently ?
Seb
The real wonder is why YOU bother "contributing".
We hadn't missed you, so please don't feel the need to come back on our account!
Have you tried getting a job with Trump? I think he would like you!
Its all very well for the People with no input, standing on the side lines shouting the odds about how everything should be, its the easiest thing in the world to be a critic and make derogatory remarks about LL's who are doing their best to provide private accommodation that they self-finance to house millions of Tenants while being abused and derided. We can't disappear off for 2 months in the middle of Winter but have to be on hand 7 days a week 24/7 to ensure the Tenants are looked after and any issues that crops up with the property or services are dealt with promptly.
rattle the pans and the dogs come-a-running...
do me a favour please, don't bother ringing the Samaritans - they're dealing with people that need real sympathy and understanding
Sounds to me our friend Sed is some what the worse for drink
Seb
Please don't phone the Samaritans yourself.
If you feel like taking the pills or jumping - just go ahead and do it!
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