The government has for a long time told landlords that they will be banning the use of the Section 21 notice, but how many times can the government say it without actually do it? Is it fair to blanket ban the use of the Section 21 notice?
Being in the industry for over 10 years has opened my eyes on seeing what it is like on both sides of the fence.
Sometimes I get landlords that literally have no idea on what there responsibilities are which just puts tenants at risk but also penalises other landlords that do ensure they follow the correct protocols.
For instance one landlord, who will remain Mr X, never protected a tenants deposit, never had a gas safety check carried out on the property BUT had a tenant in their house for over 24 months without paying any rent. Under section 21 procedures the landlord could not use this route, and quite rightly so. Why should a landlord that hasn’t done everything correctly use this route.
Mr X ended up having to serve a section 8 notice, appear in court for the tenant to argue why they didn’t pay rent, for the judge to adjourn the hearing to give the tenant more time to pay, for the tenant not to pay, for another hearing to be listed for the landlord to finally get possession. The whole process took 8 months!
Even though the landlord didn’t do what they were meant to (listed above) doesn’t mean that the tenant should 1) not pay their rent and 2) delay possession – the good saying “two wrongs do not make a right” springs to mind.
There are so many landlords that think by doing everything themselves saves them money but in the long run, it doesn’t!
Maybe the new renters bill should be that any landlord not wishing to instruct an agent, has to be regulated themselves.
All Lettings Agents in England must be regulated by one of the main bodies, but not only this they must also be registered with a further body for the client money held. Lettings Agents are there for a reason and landlord must either be forced to use a Letting Agent or be regulated themselves.
I spoke to one landlord today that has over 110 tenancies
“I have used a letting agent from my first property, managing myself is an option however I want to make sure that everything is done correctly, not just registering the deposit but also the right tenancy agreement, inventory etc.”
“I know that if something isn’t done right then I call fall back on the letting agent for answers”
“I have had a good run of tenants for about 5 years now after clearing my houses of tenants that just did not ensure that the rent was paid on time but also didn’t look after my house”
“Without the section 21 notice I would be in and out of court most months which just isn’t fair”
“It is my house and if I want my house back to do what I want with it and to house who I want then what is the point of the property being owned by me”
Article 30 May 2022