November 15th 2018 is the 30th anniversary of the 1988 Housing Act becoming law. The Act has faced widespread criticism for undermining private renters’ rights by reducing legal minimum tenancies to six months, allowing landlords to evict tenants without having to give a reason, and removing most restrictions on rent rises.
In August 2018, the Greater Manchester Law Centre joined the campaign to abolish section 21 of the Housing Act 1998, which allows landlords to evict their tenants with just two months’ notice, without the tenants having done anything wrong.
Support for the campaign is growing, with two borough councils pledging their support and over 50,000 signatories to a national petition. On November 15th 2018, GMLC are proud to join the #ReinventYourRent day of online action to raise the profile of the campaign.
Join the conversation today: tweet a message with #ReinventYourRent on what you think should change about our housing system.
Below, GMLC volunteer Jennifer Devans-Tamakloe gives her take on the campaign.
Abolish Section 21: the perspective of a court advocate
By Jennifer Devans-Tamakloe, an aspiring barrister called to the Middle Temple and qualified mediator, currently working as a self-employed advocate on the northern circuit in general civil litigation matters. As a volunteer for the Greater Manchester Law Centre, Jennifer aims to draw attention to GMLC’s causes and assist readers with gaining knowledge and understanding.
What do we want? Secure Tenancies! When do we want it? NOW!
Abolish Section 21 of the Housing Act 1988!
As an aspiring barrister and advocate in civil practice for a number of years, I have on countless occasions presented cases to court in order to obtain possession against tenants pursuant to a section 21 notice seeking possession (“s.21”).
S.21 is a mandatory ground in the 1988 Housing Act which enables a landlord to evict a tenant, without breach of tenancy, providing that the notice served was valid. By valid, I mean that the tenant must be informed using the prescribed method of notice in compliance with current legislation. The consequence of being served with a valid s.21, is that even if the tenant has paid their rent on time, has no arrears, and lives alone, with a family or other dependants, tenants will more probably than not be evicted with only a maximum of 6 weeks in which to uproot their lives and leave their home, having been given only 2 months’ notice. It is for the above reasons that evictions of this nature have become colloquially known as “no fault evictions” and it is why, for what I say are quite obvious reasons, that s.21 must be abolished.
We must consider different types of landlord. It’s not just big money businessmen purchasing buy-to-lets to make big profits. Landlords can be individuals, families, and friends looking for investment, and ‘accidental landlords’ who rent out their previous home after moving. These landlords will wish to retain control over their property. However, is it right and proper for any landlord to be legally enabled to evict a person from their home with a just a couple of months’ notice, forcing the tenant to try and find somewhere to haul their belongings, somewhere they can afford, somewhere with the schooling, employment, disability assistance that they require?
Let’s look at s.21’s implications. Given that tenants don’t need to do anything wrong in order to be evicted, many decide not to complain about disrepair in case they are kicked out. Evictions of this type are a clear demonstration of tenants’ weakened rights. Homelessness following evictions has been and continues to be on the increase nationwide and especially in Greater Manchester and particularly so as a result of no fault evictions. How does it feel to be evicted? Individuals and families suffer anxiety, stress and overwhelming feelings of instability. The s.21 procedure is an easy go-to for even amateur investors who want to cash in with minimal issues on what then appears to be a low risk investment. The people who suffer are the tenants.
We can learn from other jurisdictions. Tenure security in Germany and Switzerland has enabled their tenants to have much stronger rights and the ability settle in their home for a substantially lengthier period of time.
Whilst local authorities, community organisations and campaigns are working hard to tackle homelessness and housing rights, we do not want this to be a necessary part of our society. We need to end homelessness and the need for such organisations. Manchester Mayor Andy Burnham during his mayoral election campaign promised to end rough sleeping in Greater Manchester entirely by 2020 and considered housing to be a human right. We at GMLC agree with this ambition but we want to see real change to make it happen. Abolishing s.21 would provide tenants with the much need security of tenure and stability knowing that their home is just that. Being evicted in the absence of fault is draconian, unjust and manifestly unfair. Renters need protection now.
Join the conversation today: tweet a message with #ReinventYourRent on what you think should change about our housing system.
“The right to decent housing is a basic human right. Far from guaranteeing such a right, UK law seems designed to obviate it. The absence of rent controls, the unfettered use of property for the purpose of financial speculation by investors, the removal of the powers and the finance for local authorities to build the housing their communities need – all are examples of this.
Section 21 of the Housing Act 1988 is a particularly vicious demonstration of the point. It allows a landlord to evict a tenant without any requirement to specify or prove a reasonable ground for repossession – or, indeed, any ground at all. This unilateral and unrestrained power creates insecurity and a real risk of homelessness for blameless tenants who dare to complain about unacceptable living conditions or unfair rent rises.
To achieve fairness and security for the thousands of tenants living in private rented accommodation, the balance of power needs to shift. This is why I support the grassroots groups campaigning for the abolition of section 21.”
– John Hendy QC, GMLC patron, trade union law specialist and President of the International Centre for Trade Union Rights
[1] https://www.legislation.gov.uk/ukpga/1988/50/section/21/data.pdf
[2] http://www.legislation.gov.uk/ukpga/1980/51/section/89/data.pdf
[3] https://www.gmlaw.org.uk/2018/08/20/sign-the-petition-today-to-end-no-fault-evictions/
[4] https://hoa.org.uk/advice/guides-for-homeowners/i-am-selling/becoming-accidental-landlord/
[5] http://www.generationrent.org/s21explainer
[6] http://www.generationrent.org/s21explainer
[7] https://www.theguardian.com/uk-news/2018/aug/18/no-fault-evictions-hundreds-of-families-homeless-each-week
[8] https://www.theguardian.com/inequality/2018/jan/08/how-eviction-leads-to-homelessness-my-youngest-child-doesnt-know-what-a-home-is
[9]http://www.generationrent.org/here_s_another_reason_to_boo_rising_house_prices
[10] https://www.independent.co.uk/news/business/news/millennial-renters-long-term-tenancy-protection-rights-germany-switzerland-prices-uk-home-ownership-a8306846.html
[11] https://www.manchestereveningnews.co.uk/news/greater-manchester-news/andy-burnham-calls-government-wake-14627640
[12] https://leftfootforward.org/2018/11/section-21-must-end-so-lets-build-a-renters-union/
