UK: How to Challenge a Section 21 Notice

Despite the government’s temporary pause on eviction proceedings the system is going to be back soon enough — here’s what you need to know if you’re facing it.

We are likely to see a wave of evictions sweep the country come the end of next month, following the end of a suspension of nearly all court possession cases until (currently) September 20th. Whether or not this will be temporarily extended again, unless substantial legislative changes are instituted, Shelter anticipates that over 230,000 renters are at risk of eviction, in large part due to falling into rent arrears linked to job losses, reductions in income, and shielding during the Covid-19 outbreak. What this means is that it is still vital that renters understand their legal rights and the ways in which they can challenge an eviction notice.

Of greatest notoriety are Section 21 notices, commonly referred to as “no fault” evictions. These only apply to assured shorthold tenancies, which are the most common kind of private rented tenancy. They are the most common kind of eviction in the private rented sector, used for more than 80% of evictions against private tenants. And such notices are a delight to landlords as they do not have to offer a reason for evicting their tenant — no matter if you paid the bills on time, fixed up the plug sockets, bought the landlord a bouquet of flowers for Christmas (gross, don’t do this) — despite all the good behaviour in the world, a Section 21 eviction notice can still arrive at your door. [Read More]

London: Living in the cracks. How housing has fallen into crisis

The causes of the housing crisis are, in a nutshell, the unchecked power of landlords, the 40-year attack on social housing and stagnant wages. The consequences are people sleeping in tents and doorways and under bridges, children in A&E with constant chest infections, poverty, debt, mental distress, and endless moving.

One of the major causes of the housing crisis is the undermining and running down of social housing. Since the introduction of Right to Buy in 1980, 1.5 million council houses have been sold, 40% of which are now rented out by private landlords. Alongside Right to Buy there has been a campaign of slurs by media and politicians against people in social housing, with other people encouraged to despise or resent them for the high rent other tenants pay.

As well as Right to Buy, many councils are knocking down large estates and redeveloping the land as high-density private housing, often purchased as an investment not a home. Tenants are usually rehoused locally but there is a loss of social housing in the area which increases the length of the waiting list. On many council bidding pages now the number of flats on offer is in the single figures, while 1.1 million households are on waiting lists. [Read More]

Southwark, London: Interview with occupiers of the residential building on Park Street

Nestled in a quiet street between the river and Borough Market, surrounded by expensive butchers, wine bars and offices for start-up PR companies and various institutional offshoots of the Globe Theatre sits 21-23 Park Street. The nearly 200 year old building originally housed managers at the nearby Anchor Brewery, but was sold to Southwark Council who used it as part of their housing stock.

The building made headlines last week as news that the council was auctioning off the property with a reserve of  £2.25 million earned it the title of “the most expensive council house in Britain”. On Monday, just as news that the property had been sold for  £2.96 million began circulating, it also became clear that the building had been occupied by local residents, some of whom are part of a new mutual support group called Housing Action Southwark & Lambeth, in an attempt to prevent the sale of yet more public housing. Having attempted to identify a number of possible offences, it became clear that police had no legal recourse to arrest the occupants, and they left. [Read More]

Southwark, London: Residential occupation in protest of council housing sell-off and Section 144

Housing activists have occupied a property owned by Southwark council which was due to be auctioned today at a starting price of £2.3 million.

They have occupied the building to stop the sell-off of yet more public housing stock when the borough faces a severe housing crisis with almost 25,000 people on the housing waiting list and increasing numbers of people forced to sleep rough on London’s streets.

The occupation is also a challenge to section 114 of the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) introduced last September which criminalised squatting in residential properties. This law has meant that homeless people seeking shelter in empty buildings can find themselves with a prison sentence. [Read More]