If you’re having problems with the tenants in your property, or you’re trying to regain your property for your own use or to resell, there are regulations in place to help. There are also insurance providers, like Just Landlords, that offer reassuring insurance policies that can protect landlords from issues like damage and theft caused by problematic tenants. These policies give landlords peace of mind in knowing that the cover they purchase can assist towards damages and other problems. Further to that, in a time of financial instability, rent guarantee insurance can provide cover when tenants fail to pay the rent.
But what else is in place that can help landlords with problematic tenants?
There are two types of notice available to give a tenant that holds a shorthold tenancy.
Section 8
In the event that the terms of the tenancy are broken, a section 8 notice may be the appropriate route to take. This section requires the broken terms to be specific and currently require a notice period of at least two months. If the violation of the terms is a serious one, the notice period length can be reduced to as little as four weeks for a periodic tenancy and one month for a fixed-term tenancy.
Section 21
Alternatively, when there is no specific reason for an eviction, a section 21 notice may fit the situation. If you want to move back into your property or sell it on, this section can help you to lawfully evict a tenant either after a fixed term tenancy ends, or during as tenancy with no fixed end date. By using a section 21 notice, the tenant is provided with a date by which they need to leave the premises and if they stay beyond the date provided, you can then apply for an accelerated possession order; this may, however, incur a further charge.
It’s important to note that the section 21 notice should be used with discretion so that you can’t be accused of harassing or illegally evicting tenants. This “no fault” eviction is soon to be discontinued due to the insecurity and anxiety it causes for tenants as they can be removed from their home without any cause. Research in 2018 found that tenants are afraid to express their rights to challenge rent increases or ask for repairs due to the ease in which they can be evicted with no just reason.
Looking Ahead to the Future
Moving forward, as the section 21 notice is phased out, alternative suggestions are being made so that landlords can regain their property. It has been proposed that the Section 8 process could be amended so that a landlord can evict their tenant in order to move back into the property or if they want to sell. That way, it would not depend on the terms being broken by the tenant. Furthermore, revisions are coming to the court processes that are involved when handling a housing case so that landlords that have a legitimate reason for requesting an eviction can regain their property in an easier and quicker way.
These changes will bring benefits for both tenants and landlords alike. Currently, the possibility of being evicted with no reason is causing a great deal of anxiety for tenants, especially after the instability and unpredictability of the financial climate due to the global pandemic. While these rules were adjusted for a while during the most crucial time, the possibility is open again for tenants to face an unfair eviction. A great deal of advice is available for tenants facing this situation. Additionally, the changes will provide landlords with the support needed to confidently invest in the rental market, with both the legal regulations the insurance required to assist their success in the field.
