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PROPERTY MATTERS

Posted on September 19, 2019 in Latest News by orange pixel

Autumn 2019 – by Hugh White

The summer edition of Property Matters reflected on what may replace section 21 of the Housing Act 1988, a proposal by the Government. The consultation about the replacement for section 21 was promised before the summer, but was not published until 21 July. The decision to repeal section 21 has already been made.

The Foreword

The scope of the consultation makes it absolutely clear that this is not a consultation to explore whether section 21 should be repealed, but rather what changes should be made to Schedule 2 of the Housing Act1988. According to the consultation,Section 21 WILL go.

There would therefore have to be a reason to seek possession of a property. What new grounds might be required or what amendments to existing grounds should be considered? Additionally, it invitesviews on improvements to the processing of repossession orders through the courts.

The previous Secretary of State, in his foreword, said that the abolition of section 21 will be achieved by removing assured shorthold tenancies from the Housing Act 1988. It was not clear initially whether the assured shorthold tenancy would have additional possession grounds, not available to assured tenancies, but this does not now appear to be the case.All tenancies would then be the fully assured tenancy.

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