BTL eviction ban
Author
Discussion

tescorank

Original Poster:

2,365 posts

260 months

Wednesday 21st September 2022
quotequote all
https://news.sky.com/story/government-warned-to-re...

So just thinking Tenants stop paying rent knowing they can’t be evicted, surely when evicted there will be mass homelessness on the basis passing referencing will be impossible.

Also 65% of housing stock has an Energy Performance Rating of D whereas it must be C post 2025 to rent out. With a shortage of builders/supplies it looks like more people are going to be thrown from there semi warm houses to the cold pavement.

How can the government get things so wrong or are huge u turns on the way ?


Edited by tescorank on Wednesday 21st September 05:11

Smiljan

12,573 posts

226 months

Wednesday 21st September 2022
quotequote all
article said:
The government did not say whether it was considering a temporary ban.
No ban in place or planned currently.

tescorank

Original Poster:

2,365 posts

260 months

Fusion777

2,624 posts

77 months

Wednesday 21st September 2022
quotequote all
What’s involved in getting a property from EPC D to C? In some cases, won’t it just be a case of ensuring all lights are low energy?

Louis Balfour

28,176 posts

251 months

Wednesday 21st September 2022
quotequote all
You'd be forgiven for thinking one was in place already.

We were expecting bailiffs at a property yesterday, the tenant hasn't paid since 2021 and their energy bills are paid by us. They have also trashed the property.

The bailiffs didn't show up, instead our solicitor received an email saying that an application had been made to suspend eviction. It had been sent by the court 25 minutes before the eviction time.

The tenant's representation was exactly the same as at the initial possession hearing "I am sorry, I have a new job from tomorrow and will be able to pay, honest". They haven't performed against the original judgement made by the judge, nor contacted us in any way, shape or form.

The matter is being heard by another judge today. The judge SHOULD dismiss the application, but I won't be altogether surprised if they don't. It seems that the judiciary is very reluctant, now, to evict anyone unless the law forces them to do so, and they are prepared to allow themselves to be gamed in pursuit of keeping tenants in place.








ooid

6,642 posts

129 months

Wednesday 21st September 2022
quotequote all
Louis Balfour said:
You'd be forgiven for thinking one was in place already.

We were expecting bailiffs at a property yesterday, the tenant hasn't paid since 2021 and their energy bills are paid by us. They have also trashed the property.
Total madness. Just curious, what's your deposit policy when accepting new tenants? Are you also considering moving to BTR instead, it seems many large investors going this route. (They can even ask 1 year deposit, if they are not satisfied)

Louis Balfour

28,176 posts

251 months

Wednesday 21st September 2022
quotequote all
ooid said:
Louis Balfour said:
You'd be forgiven for thinking one was in place already.

We were expecting bailiffs at a property yesterday, the tenant hasn't paid since 2021 and their energy bills are paid by us. They have also trashed the property.
Total madness. Just curious, what's your deposit policy when accepting new tenants? Are you also considering moving to BTR instead, it seems many large investors going this route. (They can even ask 1 year deposit, if they are not satisfied)
Historically it has been 4 weeks rent as a deposit. We've looked at BTR, but at the moment our appetite for the private rented sector is limited.

monkfish1

12,343 posts

253 months

Wednesday 21st September 2022
quotequote all
ooid said:
Louis Balfour said:
You'd be forgiven for thinking one was in place already.

We were expecting bailiffs at a property yesterday, the tenant hasn't paid since 2021 and their energy bills are paid by us. They have also trashed the property.
Total madness. Just curious, what's your deposit policy when accepting new tenants? Are you also considering moving to BTR instead, it seems many large investors going this route. (They can even ask 1 year deposit, if they are not satisfied)
My policy is, im out. House being sold. My time as a landlord is done. Its just too high risk now. And its only going to get worse with crazy ideas like no evictions. Best left to big corporations who can weather that by spreading the risk around. Which if course what HMG want.

POIDH

3,684 posts

94 months

Wednesday 21st September 2022
quotequote all
I have just had the Pandemic ban on evicting tenants in Scotland - while also trying to sell up and exit being a landlord.

I even tried to help my tenants buy the place (which is what they wanted) - the mortgage would have been less than rent. I was partly gifting them a deposit, they were first time buyers who had lived in area for 10 years, worked for same employers for 5 years. But due to their employer furloughing them, banks would not lend. They are now in housing association place having been 'evicted' by me, but paying another £50 a month more to rent a place and not owning their own place as they had tried to do. Crazy economics when you are less well off.

I am glad I am out of it now.

As someone just posted, the risks are rising in BTL. There is going to be climbing cost to mortgage, rapidly rising defaults on rents and a significant increase in legal requirements of landlords. And a possibility of stagnation or drop in property prices.


LooneyTunes

9,367 posts

187 months

Wednesday 21st September 2022
quotequote all
tescorank said:
must be C post 2025 to rent out.
Has been consulted on but afaik it’s not made it into legislation, nor is it likely to without a similar exemption regime to the one that already exists.

dmahu

2,717 posts

93 months

Wednesday 21st September 2022
quotequote all
I couldn't see this happening in England. It's too socialist and would nuke the private rented sector which is already on a knife edge.

I'm sure the world would keep spinning, but I would sell up and exit the sector as a matter of principle if they went that far.

TonyRPH

13,536 posts

197 months

Wednesday 21st September 2022
quotequote all
Fusion777 said:
What’s involved in getting a property from EPC D to C? In some cases, won’t it just be a case of ensuring all lights are low energy?
Electric heaters usually result in a mark down in favour of gas heating, but my understanding is that this is supposed to be changing, with the swing toward electric heating and away from gas.

Insulation (external / internal walls) will also play a part in improving the EPC rating.

I think though, that some older buildings are unlikely to ever make it to D let alone C.

Seven8Seven

4,015 posts

266 months

Wednesday 21st September 2022
quotequote all
By a fail to pay insurance policy. I have them on mine £100/yr covers rent if the Tennant fails to pay.

Muppet007

451 posts

74 months

Wednesday 21st September 2022
quotequote all
monkfish1 said:
My policy is, im out. House being sold. My time as a landlord is done. Its just too high risk now. And its only going to get worse with crazy ideas like no evictions. Best left to big corporations who can weather that by spreading the risk around. Which if course what HMG want.
This.

We finally got rid of our last tenant on Friday. Letting agent have not been able to gain access yet as he changed all the locks (however thats an easy fix, just waiting on the locksmith to turn up). He smashed some windows and not sure how the inside of the house is.

He has not paid his rent correctly for about 2 years. £20 here, £100 there but on his time schedule, not ours. Since Christmas he has paid zero. Prick has a new car and private plates, so is not doing to badly. I think in total he owes us about 5k. I'm tempted to pay for someone to track him down so we can take him to court.

House will be sold as soon as I've had chance to view the damage, fix it and get it on the market.

BoRED S2upid

21,035 posts

269 months

Wednesday 21st September 2022
quotequote all
monkfish1 said:
My policy is, im out. House being sold. My time as a landlord is done. Its just too high risk now. And its only going to get worse with crazy ideas like no evictions. Best left to big corporations who can weather that by spreading the risk around. Which if course what HMG want.
Who will raise rents in line with inflation no doubt.

Panamax

9,581 posts

63 months

Wednesday 21st September 2022
quotequote all
dmahu said:
I couldn't see this happening in England. It's too socialist......
"The Minister for Levelling Up."

"The Minister for Women and Equalities".

"The Minister for Industrial Strategy."

An NHS that doesn't work. State subsidised energy bills. Charges to drive in cities. Bus lanes everywhere. 20 mph speed limits.

It already sounds like something from the former Soviet Union.


z4RRSchris

12,515 posts

208 months

Wednesday 21st September 2022
quotequote all
Panamax said:
dmahu said:
I couldn't see this happening in England. It's too socialist......
"The Minister for Levelling Up."

"The Minister for Women and Equalities".

"The Minister for Industrial Strategy."

An NHS that doesn't work. State subsidised energy bills. Charges to drive in cities. Bus lanes everywhere. 20 mph speed limits.

It already sounds like something from the former Soviet Union.

miss truss in town now, straight hard nosed thatcherite.

Louis Balfour

28,176 posts

251 months

Wednesday 21st September 2022
quotequote all
Louis Balfour said:
You'd be forgiven for thinking one was in place already.

We were expecting bailiffs at a property yesterday, the tenant hasn't paid since 2021 and their energy bills are paid by us. They have also trashed the property.

The bailiffs didn't show up, instead our solicitor received an email saying that an application had been made to suspend eviction. It had been sent by the court 25 minutes before the eviction time.

The tenant's representation was exactly the same as at the initial possession hearing "I am sorry, I have a new job from tomorrow and will be able to pay, honest". They haven't performed against the original judgement made by the judge, nor contacted us in any way, shape or form.

The matter is being heard by another judge today. The judge SHOULD dismiss the application, but I won't be altogether surprised if they don't. It seems that the judiciary is very reluctant, now, to evict anyone unless the law forces them to do so, and they are prepared to allow themselves to be gamed in pursuit of keeping tenants in place.
Something of an update on this:

The tenant turned up at court with a Legal Aid solicitor, claiming that they have now secured a job and can pay. They provided no evidence whatsoever of this employment.

The arrears now total around £9000.00 and costs were assessed at £3500. The damage to the apartment will cost in the order of £5000 to remedy, when we get it back.

Apparently the tenant has been given a substantive legal aid certificate, which means that we cannot claim costs without the permission of the court.

The judge has allowed them to stay, on condition that they pay from next week plus £50 per week towards the arrears...




Chris Type R

8,938 posts

278 months

Wednesday 21st September 2022
quotequote all
Threads like this are convincing me to not rent out our project property once it's renovated.

Wings

5,967 posts

244 months

Wednesday 21st September 2022
quotequote all
I have served in the last eighteen months three (3) Section 1 (6a) Notices on a single mother, the same with two (2) teenage daughters, and a newly arrived baby daughter. Since serving those Notices, i have offered the tenant financial assistance in both finding and paying for alternative accommodation.

The rental property is in a state of disrepair, requiring new kitchen, bathroom, windows, external entrance door, carpets etc. etc. Previous partners of the tenant, has resulted in domestic abuse, with all internal doors providing proof of the same. At my late age, and no evidence that further domestic abuse will not happen again, there is no financial viability in me financing the refurbishment.

In thirty (30) plus years of being a landlord, this is only the third Notice that I have proceeded to court for possession of a property, the last being 2008 for rental arrears.

I have found completing the court claim papers extremely difficult, with the amount of evidential paperwork the courts required me to supply, almost as if the courts were seeking an excuse/reason to dismiss my claim.

The more legislation and/or involvement by either central or local government, the more private landlords will sale up, and/or there will be a considerable increase in rents, both leading to increase in homelessness.