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Scrap Section 21 now, says top lawyers’ society

One of the country’s top law groups has backed government moves to scrap Section 21. 

The call comes from the Law Society for England and Wales, in its official response to the Ministry of Housing, Communities and Local Government’s consultation on the move. 

Simon Davis, president of the Law Society, says: “Section 21 is one of the leading causes of family homelessness in the UK. In addition, because of the absence of legal aid support, many are unable to obtain the legal advice they need to enforce their rights.


“This creates an inequity of power between landlords and tenants. The rule of law should be available equally to both sides.

“There are fears that current legislation has led to so-called ‘retaliatory evictions'. For example, if a tenant has raised concerns that a landlord has failed to comply with their own legal obligations.”

The society has also fallen in behind the government’s suggestion that, in order to help landlords, there could be a widening of section 8 – the powers of a landlord to regain their property in some circumstances.

Davis adds: “There is a delicate balance to be struck between improving security of tenure and ensuring that landlords are not disincentivised from entering into longer-term fixed term tenancies.”

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    Ohh lawyers don’t like S21 because we don’t need their services, S8 issues will be going to court more often needing lawyers!! Yippie scrap S21, not!

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    • S S
    • 28 January 2020 10:17 AM

    Section 21 "leading cause of homelessness" - I'm not sure that's completely true. Section 21 is rarely used by decent LL and good letting agents. It is only used in necessity. However, Section 21 may be used by the Rogue LL - check the reasons and pursue the Rogues - they wont use section 8 and so more rogue LL and bad letting agents will just go under the radar.


    Yes I thought the leading cause was non payment of rent!


    Leading cause of Homelessness is - tenants Not. PAYING
    Typical article from a parasite.

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    • 28 January 2020 18:17 PM

    1 - “Section 21 is one of the leading causes of family homelessness in the UK", no it isn't. It is simply the most common PROCESS in which someone regains their property. The CAUSE would be issues such as, the landlord is moving back in or non payment of rent.
    2 - "because of the absence of legal aid support" - Citizens Advice, Shelter & many no win no fee lawyers.... there is a lot of advice out there.
    3 - "There are fears that current legislation has led to so-called ‘retaliatory evictions' - I'm sorry but did I imagine the Deregulation Act 2015?

    All in all, this article hurt my brain.

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    • 29 January 2020 01:31 AM

    Typical idiot lawyer that parrots Shelter incorrect propaganda.
    Even this idiot lawyer must know that a LL DOESN'T have any choice but to use a S21 notice if he just wishes to evict for WHATEVER reason.
    Usually it is rent default.
    No sane LL would use S8 for rent defaults.
    S21 while not an effective eviction measure is still superior to S8.

    So dopey lawyer please explain what process a LL MUST legally use if choosing NOT to use the S8 process!?..............Oh!! Yes thats right he MUST issue the tenant a S21 notice!!
    But the reason a LL issues a S21 is usually because of rent default.
    Therefore it stands that homelessness is invariably caused by the tenant rent defaulting not as a result of the LL having to use the legally prescribed S21 notice.

    How thick are these lawyers!!??

  • Matthew Payne

    There are not many articles that feature in the TODAY pages where the opinion of the interviewee is not heavily biased towards a postion that protects or benefits their own financial interests or of an organisation they represent, which amounts to the same thing.

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    Obviously this 'lawyer' man has never been a landlord.


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