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Proposed Section 21 changes and HMO's

Started by MarkC70, May 17, 2023, 05:43:26 AM

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MarkC70

I have just seen a BBC news article and it appears the Government are pushing forward with the changes to Section 21, namely ending no fault evictions.  Does anyone know if this will apply to HMO tenancies as well?  Cheers.

Simon Pambin

We'll see when the proposed legislation is actually published but I don't see why it wouldn't apply to HMO tenancies. I'd like to think there'll be some provision for student accommodation but, other than that, I imagine everyone will be entitled to the same security of tenure.

Denzy

So, as an accidental landlord like myself, how would I get my property back if I needed to move back in?

Simon Pambin

One of the Section 8 grounds already covers that, although there are naturally protections for the tenant, so I imagine the new legislation will just retain that and maybe clarify it a bit.

Simon Pambin


Hippogriff

Point number 1 - there are no accidental Landlords... it's always a choice someone makes.
Point number 2 - the worst kind of Landlord ever is one who "needs to move back in" - why should the mess your life may have become affect someone's home?

Haroon

I am in the process of renting out my house to tenants through an agency. They should move in next week once all paperwork is complete. I instructed the agency that I want to move in after two years and they were like that's fine it's a one year contract which can be renewed after the year has passed

With the law changes now, does this mean that even after one year the tenants can refuse to move out, or after two years or whenever? Or does that it's fixed initially mean that they should leave?


HandyMan

Quote from: Haroon on May 17, 2023, 10:26:54 PM
With the law changes now, does this mean that even after one year the tenants can refuse to move out, or after two years or whenever? Or does that it's fixed initially mean that they should leave?

Firstly, the law hasn't changed yet.

Secondly, even with the current law, the tenants are not obliged to move out at the end of the initial fixed term of the contract. If they choose not to move out then you will need to serve notice on them. If they choose not to leave by the date specified in the notice, then you will need to get a court order to remove them.

Hippogriff

Quote from: Haroon on May 17, 2023, 10:26:54 PMWith the law changes now, does this mean that even after one year the tenants can refuse to move out, or after two years or whenever? Or does that it's fixed initially mean that they should leave?

In the future, for a tenancy that has been running for at least six months, the notice will possibly take the form of a Section 8 instead of a Section 21 and there'll be a Ground whereby possession can be achieved if the house is to be used as the only (or main) residence for the Landlord, or - effectively - anyone somehow linked to the Landlord.

But you are where you are now, and the Legislation is not... that cannot change. So it's one of those known unknowns... we know it will very likely change, having got this far, but we can't be 100% sure how at this moment.

Simon Pambin

If I read the proposed legislation aright, the new rules will only apply to new tenancies so, if your tenants are already on a statutory periodic tenancy by the time the legislation comes into force, then that will continue on the same terms.

There is a provision for the Government to set a date by which all ASTs will cease but I imagine any date they did set would be years away, to avoid triggering a sudden exodus of suppliers from the rental market.