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Labour: New grounds for possession could be used as backdoor Section 21

John McDonnell

Labour Party members have raised concerns that landlords could use new grounds for possession rules as a backdoor way of issuing a ‘no fault’ eviction after Section 21 is abolished.

As stipulated in the fresh Renters Reform Bill, published on Saturday, the government proposes a ‘new ground 1’ in cases where they require to use the property for themselves, a partner or a relative.

In such a situation, landlords wouldn’t be allowed to let or advertise the property for three months – but many Labour MPs reckon this isn’t enough time.

Liz Twist, Labour MP for Blaydon, said: “The new grounds for landlords to reclaim possession make it clear that they will be banned from re-letting their property only for three months after evicting a tenant.

“The kind of rent increases we are seeing today may well mean that repossession is still well worth it for a landlord, I am afraid.”

She was echoed by John McDonnell (pictured), MP for Hayes and Harlington and former shadow chancellor.

He said: “Landlords will simply take a three-month hit and then rent it out straight after that.”

Landlords are keen to avoid using a Section 8 eviction due to not wanting to go through a lengthy court process.

However a lack of resources for the courts, local authorities, and the Citizens Advice Bureau could also mean these new rules are hard to uphold, according to McDonnell.

He added: “And to rely on the court system! We have to be honest with one another. The government have closed 300 county courts. There was a cut of 35% in the Justice budget over the last period.

“In addition, if we are looking to local authorities to enforce, nearly 20 local authorities are under section 114 notices. In other words, they are bankrupt and do not have the staff to do the enforcement.

“To be frank, in many areas now the lack of access to basic legal advice—not legal aid, but basic legal advice—from local law centres is non-existent.

“My citizens advice bureau, bless it, works so hard, but it is rushed off its feet so it cannot provide sufficient advice on the scale that is needed.”

The Renters’ Reform Bill also aims to make it easier for landlords to repossess properties in cases of anti-social behaviour by reducing the notice period required for an eviction.

But Angela Rayner, shadow housing secretary, said: “We are… concerned that the changes to antisocial behaviour grounds are, as they stand, ambiguous and open to abuse.

“Mental health needs and domestic abuse are sometimes reported as antisocial behaviour, so that definition must be made more pragmatic and focused on genuine antisocial behaviour.”

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