Guiltless eviction: Can my landlord kick me out for no reason?
The government agency for Leveling Up, Housing and Communities is proposing to end exploitative no-fault evictions in a series of amendments to crack down on dodgy landlords
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The government could ban a key area of exploitation by dodgy landlords for renters.
The law, set to be published by the Department for Leveling Up, Housing and Communities, aims to deliver “the biggest shock to the private rental sector in 30 years.”
Lisa Nandy, Labour’s shadow housing secretary, said: “More security for tenants is welcome but action is needed now, not after further consultation. While the government has hesitated and delayed, rents and evictions have skyrocketed.
“Labour is calling for emergency legislation to end no-fault evictions immediately and give people more security in their homes.”
The Fairer Private Rented Sector white paper aims to make a difference for an estimated 11 million renters as part of the Renters Reform Bill.
So what could change?
Can my landlord kick me out for no reason?
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Under current law, landlords can evict tenants after the termination of a fixed-term employment relationship without giving a reason. This gives people just two months to leave the property and find a new place.
These are known as “no-fault” evictions, while a landlord can also evict you for breaching terms in a lease such as non-payment of rent and damage to property. This also depends on whether people have an opt-out clause in their lease.
A two-month notice period is also referred to as Section 21 and it is recommended that people seek help from Citizens Advice if they are given one.
It explained: “You may only receive a Section 21 notice if you have a guaranteed short-term lease.
“If your landlord gives you notice under Section 21 and you do not have a committed short-term lease, your termination is not valid. You can contest your eviction and stay in your home.”
According to Citizens Advice, a Section 21 Notice is not valid in the following circumstances:
- If your deposit has not been protected
- If you have not received any information regarding your deposit
- If your Section 21 notice contains an error
- If you live in a house that requires a permit
- If your landlord has not used Form 6A
- If your landlord does not go to court in time
- If you have a temporary lease
- If you have a temporary lease
- If your landlord has not given you the correct documentation
- If you are evicted for complaining
- If your landlord charged fees during your contract
- If your landlord has asked you for a deposit of more than five weeks’ rent
In the UK, where rent prices are a concern, coupled with a lack of cash due to a livelihood crisis, forced evictions can be devastating news for tenants.
Will the government end the innocent evictions?
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The government’s new draft white paper, the Fairer Private Rental Sector White Paper, includes a section that says no-fault evictions will end without just cause.
Money-saving expert explains: “Landlords can currently terminate tenants whose fixed-term contract has expired without reason. If a tenant is ordered to move out, a tenant then has two months to vacate the property. This new law discourages landlords from giving up a specific reason.”
Top Tory leaders pledged to end the innocent evictions three years ago, but have shown no sign of doing so as of this draft white paper.
Over 20% of private tenants did not terminate their tenancy voluntarily in 2019 and 2020 and 8% were asked to move out by their landlord.
Other key parts of the bill include the creation of a new home tenant ombudsman to help resolve disputes out of court cost-effectively and hold landlords accountable for complaints. There will also be stronger powers to get rent refunds and contest rent increases.
Other plans hope to introduce double notice periods for rent increases, an end to rent adjustment clauses and stronger powers for local councils to crack down on dodgy landlords.
https://www.mirror.co.uk/money/no-fault-evictions-can-landlord-27248843 Guiltless eviction: Can my landlord kick me out for no reason?