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This consultation will underpin the future framework for ending a tenancy.
The consultation states We intend to deliver the intention to remove section 21 by removing the assured shorthold Tenancy regime. Section 21 notices can only be served under assured shorthold tenancies – the most common form of tenancy in the residential rental sector. Once we abolish section 21, there is no longer any significant legal distinction between an assured shorthold tenancy and an assured tenancy.
We are clear that the abolition of section 21 as a means to end tenancies will need to be underpinned by enhanced section 8 grounds and a simpler, faster process through the courts. Our aim is that wherever a section 21 notice would have been appropriate to use, an appropriate section 8 ground can be used instead”
On hearing the former reforms announcement, we reviewed the last 5 section 21 notices which we had served on behalf of our landlords – 4 were due to tenants being in breach of the tenancy (rent arrears or other reason) and 1 was because the landlord wanted to move in to the property. The perception of the Government is that landlords are evicting good o-fault tenants, and that all tenants want longer term tenancies, which in reality and our experience is not the true picture.
If abolishing section 21 means strengthening the section 8 possession process, where additional grounds will allow landlords to evict tenants for property damage, anti-social behaviour or to sell, in reality not much should change.
Read the detail of the consultation and have your say £0here
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