Evictions reach record high

The number of tenants being evicted from their home has reached a record high. 

Figures released by the Ministry of Justice this month show 11,100 properties were repossessed between July and September this year. 

This is the highest figure reported in a quarter since records began. In the same period, 2,805 mortgage borrowers lost their home.

By the end of September, 30,000 tenant evictions had taken place in 2014, which suggests the total of 37,972 that was recorded last year will be surpassed. 

However, of the 40,859 possession claims made in the third quarter, only 5,694 were by private landlords, with the vast majority coming from the social housing sector. The Ministry of Justice said around one in five claims are expected to lead to an eviction. 

The subject of evictions remains a controversial topic and is often used as a means of criticising the rental market. However, the statistics do seem to suggest the problem is more severe in the social sector than the private rental sector.

Particularly controversial is the issue of so-called revenge evictions, in which homes are repossessed using a Section 21 notice in retaliation for a tenant requesting improvements or making a complaint. A private members will shortly be heard in Parliament that seeks to restrict the notice a landlord serves on a tenant when a complaint has been made by that tenant. 


Retaliatory evictions - Update

In Parliament today (28 Nov 2014), there was a second reading of a private members bill to reform Section 21 notices (we serve these to give a tenant two month's notice of the ending of a tenancy) with the effect of restricting their use when a complaint has been made by a tenant. 

In addition, there were some other proposals such as recognising the recent decision in the Spencer V Taylor case for the length of notice required for a periodic tenancy. 

So what happened?

There were not enough MP's who voted for the Bill, so it will not progress any further.  Therefore for the time being, changes to a section 21 and proposals to restrict retaliatory evictions have been placed on the back burner.

Our opinion

There is some merit in preventing an inconsiderate landlord who fails to in his/her obligation to maintain or repair a property and then makes a tenant homeless when they make a fuss about the deteriation in the standard of their home. All too often, when someone has a good idea that would be welcomed by most people in the industry, others hijack the initial proposal with their own agendas resulting in a bill that is unpalatable and far too complex.