Industry News
Court reform is vital before Section 21 is axed
proceedings before they commence and save both sides substantial legal costs;
3. Court reform including a modernised, specialist housing court for all housing related hearings, ensuring timescales for repossession can be reduced and a viable route for tenant claims against landlords for disrepair, poor conditions and management; and
4. Bailiff reform because securing the services of county court bailiffs is one of the longest delays for landlords, following the grant of a warrant for possession.
The National Residential Landlords Association continues to campaign for a number of reforms to the court system, as well as a dedicated housing court, before Section 21 is scrapped altogether. The NRLA is also calling for Section 8 grounds
to be reformed, so that landlords have the confidence they will be able to regain possession swiftly, when they have a legitimate reason to do so, and also for:
• increased resourcing of the courts, to address the lengthy process, including an increase in bailiff capacity across England and Wales; and
• the establishment of a specialist housing court or tribunal, to aid access to justice for both landlords and tenants.
is under threat from planned Government reforms, but landlords are demanding compensatory safeguards. The Lettings Industry Council is saying that
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Section 21 should not be scrapped until Section 8 (the other popularly used ground for evicting tenants) is reformed and a new specialist housing court is created. In a new report called ‘Beyond Section 21’, the
TLIC is warning there could be dire consequences if Section 21 is scrapped suddenly, without other reforms being delivered first. The report was commissioned following the Government’s consultation on axing Section 21, which received more than 20,000 responses. The report says that without the requested
ne of the most controversial grounds for private landlords to recover possession of their rental properties
reforms there could be a 20 per cent reduction in the overall supply of homes in the private rented sector, and the justice system will be under more pressure, faced with a greater high court caseload. It also suggests vulnerable tenants could be
hardest hit if this were to happen. For example if landlords lack the confidence to stay in the sector and seek to either disinvest altogether or move their properties into a different area of the market, such as short term lets. The “Beyond Section 21” report recommends the
following measures should be introduced before Section 21 is abolished:
1. Strengthening the grounds of Section 8 for which it can be used and to allow an accelerated property recovery process;
2. The use of meaningful mediation to reduce the number of disputes resulting in court
The Government says it intends to axe Section 21 in England, with the introduction of the Renters Reform Bill. Earlier this year, Housing Minister Christopher Pincher quoted the NRLA when confirming the Government would not be rushing through the legislation to abolish Section 21. Theresa Wallace, Chair of The Lettings Industry
Council, said: “The private rented sector has doubled in size over the last 20 years, which means any changes to the current regulations will have a huge impact on the life of millions of citizens. “It is vital to strike a balance between the needs
of tenants for long-term security and legal certainty, restoring landlord confidence to ensure an adequate supply of private rented homes. The social cost of abolishing Section 21 lies in the economic effects it will release and how the market will react to it. That is why the government must not proceed with its proposal to do so without careful consideration of the impacts and implementation of measures to mitigate such negative consequences.”
Bailiffs ordered to halt evictions in lockdown areas
Court approved evictions will not be taking place in large parts of England after bailiffs were told to not enter residential properties in areas covered by COVID-19 restrictions. Lord Chancellor Robert Buckland has written to
the High Court Enforcement Officers Association clarifying that evictions should only be enforced in areas subject to the lowest Tier 1 restrictions. This means millions of tenants in large parts of the north west, north east, the midlands and London will be
secure in their homes. Back in September, the Government instructed
bailiffs not to carry out evictions in areas where local lockdown measures were in place. Additionally it requested bailiffs to not enforce evictions anywhere in England for a one-month period over Christmas. Under the new restrictions announced in late
October, county courts will still be able to hear possession cases but their bailiffs will be prevented
8 | HMM December/January 2021 |
www.housingmmonline.co.uk
from enforcing eviction orders in areas within Tier 2 or Tier 3. Tenants who have accrued more than six months’ of rent arrears or who are being evicted for antisocial behaviour, are exempt from the evictions ban. Andrew Wilson, chairman of the HCEOA, said
Mr Buckland’s instructions were “in line with the interpretation of the guidance that our members had already taken”, but added that “it is very useful to have it confirmed in writing”.
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