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Money'Outstanding Victory' For Renters As No-Fault Evictions Are Abolished

13:37  15 april  2019
13:37  15 april  2019 Source:   huffingtonpost.co.uk

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Asked whether abolishing the “ no fault ” evictions would be part of the next Labour manifesto, he replied: “Absolutely. Earlier this year Scotland abolished the “ no fault ” eviction process by scrapping fixed term tenancies for private renters and giving tenants indefinite tenure.

2 No - fault evictions . 3 Just-cause evictions . Such evictions are generally illegal at any time during the process (including after a landlord wins an eviction suit); a tenant facing such measures may sue the landlord. However, self-help evictions may be permitted in some jurisdictions

'Outstanding Victory' For Renters As No-Fault Evictions Are Abolished © PA Wire/PA Images File photo dated 19/1/2016 of terraced residential houses in south east London. The total value of the UK's housing stock reached a record �7.29 trillion in 2018, analysis has found.

Theresa May has announced plans to end “no-fault” evictions which are one of the biggest drivers of family homelessness, as part of a major shake-up of the private rented sector.

Private landlords will no longer be able to evict tenants at the end of their rental contracts without giving a good legal reason and long notice.

The prime minister said the move should give renters “peace of mind” as they will be able to effectively benefit from open ended tenancies rather than six or 12-month contracts.

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A so called “ No Fault Eviction ” is an eviction where the tenant is evicted through no fault of their own. They paid their rent on time. Incomes have not caught up yet. Thus many renters feel that they will have to leave their longtime neighborhoods. Or worse, might not be able to afford new housing.

Its petition on banning ‘ no fault ’ evictions has attracted more than 50,000 signatures. Croydon Council and Age UK also voiced their support for section 21 to be “There have been calls to abolish section 21 evictions but we’ve not yet made any firm policy decisions on whether to legislate to alter the

The move was welcomed by Shelter as an “outstanding victory” for England’s 11 million private renters, although Labour warned the plan would not work if landlords are allowed to get around the rules by hiking rents and pricing tenants out of their homes.

But May said the proposals would give renters “long-term certainty” after consulting on new legislation to abolish Section 21 evictions, which allow landlords to uproot tenants with as little as eight weeks’ notice when their contract comes to an end.

'Outstanding Victory' For Renters As No-Fault Evictions Are Abolished © PA Archive/PA Images

Under the new system, landlords will instead have to provide a concrete, evidenced reason already specified in law for ending a tenancy.

May said: “Everyone renting in the private sector has the right to feel secure in their home, settled in their community and able to plan for the future with confidence.

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A law allowing landlords to throw out private tenants without giving a reason is exacerbating the crisis.

Most evictions in the United States occur because the tenant cannot or will not pay rent. Landlords can also expel tenants for breaking the law, damaging property In most American municipalities, tenants who haven't violated their lease can be expelled, in what is known as " no - fault evictions ."[2].

“But millions of responsible tenants could still be uprooted by their landlord with little notice, and often little justification.

“This is wrong – and today we’re acting by preventing these unfair evictions. Landlords will still be able to end tenancies where they have legitimate reasons to do so, but they will no longer be able to unexpectedly evict families with only eight weeks’ notice.

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“This important step will not only protect tenants from unethical behaviour, but also give them the long-term certainty and the peace of mind they deserve.”

Communities Secretary James Brokenshire added: “Everyone has a right to the opportunities they need to build a better life. For many, this means having the security and stability to make a place truly feel like home without the fear of being evicted at a moments’ notice. We are building a fairer housing market that truly works for everyone.”

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In Texas, a landlord must legally terminate the tenancy before evicting a tenant. The landlord must first give the tenant a written notice, as required by state law. If the tenant does not move out after receiving this notice, then the landlord can file an eviction lawsuit (also called a forcible entry and detainer suit).

Asked whether abolishing the “ no fault ” evictions would be part of the next Labour manifesto, he replied: “Absolutely. Earlier this year Scotland abolished the “ no fault ” eviction process by scrapping fixed term tenancies for private renters and giving tenants indefinite tenure.

Labour’s shadow housing secretary John Healey said: “Any promise of new help for renters is good news but this latest pledge won’t work if landlords can still force tenants out by hiking the rent.

“For nine years, the Tories have failed to tackle problems facing private renters. Tenants need new rights and protections across the board to end costly rent increases and sub-standard homes as well as to stop unfair evictions.

“Labour is committed to giving renters the rights they deserve, including control on rents, indefinite tenancies and new legal minimum standards.”

'Outstanding Victory' For Renters As No-Fault Evictions Are Abolished © Gary Burchell Mother and daughter watching television

Polly Neate, chief executive of Shelter, added: “Government plans to abolish no-fault evictions represent an outstanding victory for England’s 11 million private renters. This change will slam the brakes on unstable short-term tenancies and give tenants everywhere a massive boost in security, for which the government will deserve great credit.

“One in four families now privately rent their home, as do hundreds of thousands of older people. And yet, we frequently hear from people with contracts shorter than your average gym membership, who live in constant fear of being thrown out at the drop of a hat. Ending Section 21 evictions will transform these renters’ lives – giving them room to breathe and put down roots in a place they can finally call home.

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For example, under Pennsylvania eviction laws for nonpayment of rent, the tenant has ten days to pay the rent or move before the landlord can file for eviction . This article summarizes the basic rules and procedures for evicting tenants for nonpayment of rent under the Texas State Property Code.

There is almost no legal defence against a ‘ no fault ’ eviction . Once a notice has been served, tenants have two months to find a new home, or become homeless. Ending these No Fault Evictions would not stop a landlord from selling the property and evicting a tenant, but would allow sufficient notice for

“Getting this new legislation through parliament is critical to people being able to stay in their rented home as long as they need, so we look forward to the government passing this law as quickly as possible.”

Landlords warned that the moves could discourage investment in new homes.

'Outstanding Victory' For Renters As No-Fault Evictions Are Abolished Home keys

David Smith, policy director for the Residential Landlords Association, said: “Whilst the RLA recognises the pressure being placed on Government for change, there are serious dangers of getting such reforms wrong.

“With the demand for private rented homes continuing to increase, we need the majority of good landlords to have confidence to invest in new homes.

“This means ensuring they can swiftly repossess properties for legitimate reasons such as rent arrears, tenant anti-social behaviour or wanting to sell them. This needs to happen before any moves are made to end Section 21.

“For all the talk of greater security for tenants, that will be nothing if the homes to rent are not there in the first place. We call on the government to act with caution.”

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