Canceling Section 21, what the experts don't relise so they cant tell you
Campaigning and Policy

Graham Torquay
Graham Torquay
7 Thanks
7 Posts
3 days ago

I have been a Landlord since 1984. That’s before Section 21 came into effect. So I am uniquely qualified to explain what it will be like when it is cancelled. The Experts are not Experts on this, because they have no experience of the pre-section 21 days. They are giving Landlords their best guess. We are advised not to be duly concerned because there will be new conditions for the implementation of Section 8, and new high speed courts. The critical difference which no one is mentioning is, after the cancellation of Section 21 is that all possessions will be decided not by you, but by a Judge. The tenant’s legally aided Solicitor will be able to counter argue your claim. So consider this, just as an example. You have a tenant who persistently plays loud music in the middle of the night or deals in Drugs! Currently you advise him to stop and issue a Section 21 notice. If he ignores that, you start court proceedings. 99% of the time you win on the presentation of the correct paper work.   Once Section 21 is cancelled, you will have to rely on claiming anti social behaviour with a Section 8 notice. Your Tenant’s Solicitor is going to respond by saying it’s not his client, or it’s not very loud. You have now proved this so you try and gather statements from tenants who are brave enough to do that. You make recordings at 3am.  When you go to court and the Tenants Solicitor says his client is sorry and has now sold his sound equipment. The Judge will dismiss the case and give .  Once Section 21 is cancelled, the Landlord no longer has the ultimate control over his property that is being given to a Judge, to who you will have present an evidence based case to and hope you win. It use to be a Joke in the pre-Section 21 days, “You can get a divorce easier than you can get rid of a tenant”. We are going back to that.      

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