Winter 21/22 Eviction Ban (was: And just like that, FFFG lose 298000 votes))

Your analogy might make sense if people couldn't be evicted for the non-payment of rent, but:

"There will be exceptions to the ban, including non-payment of rent, antisocial behaviour or using the property for purposes other than what it is let out for."

Some tenants will see it differently. They may stop paying rent as only reading the ‘ban on evictions’. Rtb will be busy with notices the next few weeks.

Many landlords will definitely give notice to leave in the next few weeks. Seemly this ban will start 1 st November.

BUT then you read

O’Brien also said that notices to quit issued before the legislation is implemented – which is expected to be on 1 November – will not take effect until the moratorium ends.

This implies that it starts from today or I am reading it wrong?

The Government have interfered so much they are just making the situation worse.

I think it means any notice with an effect date within the period is effected.

If I am being cynical, I think they intend to reduce supply of 2nd hand housing stock to prevent a collapse of house prices, well at least until FF can offload their own personal stock.

You wonder if Rtb had tipped the Government off that the landlords that gave notice to leave earlier in the year before the yearly registration and indefinite tenancies were coming to end in the next month or so.

What will happen in April? Another extension?. Brings it closer were properties will be renting indefinitely.

I have a Notice of Termination which was served to my tenant in November 2021 for immediate family needs, tenant appealed to the RTB, we won on the adjudication, he then appealed again and we attended a full tribunal hearing, and we are confident the tribunal will side with us. Hoping to hear this week, but if this legislation affects us the tenant gets to stay a further 4 months, despite us doing everything by the book and giving above and beyond what the required notice was, and proving it twice to the RTB. Being a landlord in this country is far too dangerous, it's no wonder private landlords are leaving the market or exclusively doing short term lets.

I would say a challenge to the immediate nature of the ban would succeed, if someone were willing to fund it. Changing the law retrospectively is against one of the pillars of our legal system so legally served notices given now are likely to be binding.

Anyone know if this applies to licensees when the landlord is living in the property?

As usual, the government and all the opposition parties have pushed responsibility for tackling homelessness onto private landlords, rather than solve the issue themselves. No consultation, no compensation and no choice. What about landlords looking to use the property for themselves - returning from working abroad, or relationship breakdowns or kids going to college etc.. They can be sacrificed in the name of protecting sitting tenants.

The only thing that helps a housing shortage, is increased supply. Price controls, eviction bans, broken systems to deal with legal evictions - it will only make things worse. This is more kicking the can down the road, while not solving the problem.

Well that is us f*cked". Cant afford the mortgage payments any longer and rent not covering the mortgage. Notice was given 3 months ago and another 30 or so days to go. Sale agreed but pretty sure the buyer will pull out now.

Calling bank tomorrow and telling them to get rekt

The chances of it being referred to the SC by the President are near nonexistent. It's generally seen as better to leave legislation open to challenge in the future rather than possibly insulate it from it

Pretty sure the RTB will ahve been told that they dont have to hurry on overholding no matter what the reason for the termination, including non payment of rent.

I certainly hope not. They've repeatedly used the "no-fault evictions" as a soundbite over the last few days to reassure landlords with problematic tenants that they can still take remedial action. One would hope they actually do the opposite in relation to the RTB (not that they should be interfering at all) by encouraging them to prioritise the termination process for terminations due to rent arrears or with anti-social behaviours, to discourage tenants from taking advantage of the evictions ban.

After six months they are entitled to a Part 4 tenancy of 6 years.

Pure conjecture based on the process of course, but from memory, legislation has been referred to the Supreme Court by the President before?

Anyway, not betting on delays, but it seems like a short timeframe to get the legislation in by the 1st November.

Fingers crossed that whatever the final legislation is, this will not prevent the sale for that poster.

It has been, but rarely and only when extremely controversial with solid legal arguments about unconstitutionality. The last was 17 years ago

If a bill is referred and allowed it cannot be challenged again. This is not seen as a good thing as further errors could be found and be unchallengeable

So better off issuing 6 month leases and reviewing every 6 months then, this seems like the only sensible option

[quote]An estimation that there are 2,273 tenancies due to terminate over the winter period is understood to be one of the drivers for the Government to reach its decision to introduce a ban. [/quote]

It's this the rate of evictions is growing and LL's exit and they expect things to get worse and the Gov won't be able to cope with homelessness.

I really don't think this will stand up to a challange, you can impose on 1000's of LL's to protect say 7500 people? I know it's cruel but it's the reality of it. Also if there is challange I'd expect much of the current rental legislation to be be challenged

Any chance of a link to those in the constitution

The final death knell to the supply of private rental properties. A large number of private landlords were afraid of being restricted in their use/decisions of their properties, saw this coming a long time ago (it was an obvious result) and exited the market. The remaining few will now exit as soon as possible, or a large number of them anyway. The situation will worsen and there will be no solutions that aren't long term in delivery.

This is pushing the problem down the road and making it worse at the same time. It's hard to believe that no-one has learnt anything after all the other interference grew the problems to the current mess.

It doesn't really matter what any of our views on this are, as it's happened and the negative consequences will happen too.