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Section 21 Needs to Remain to Deal with Rogue Tenants

Written by: Mary-Anne Bowring 07/02/2024
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The Risk of Rent Arrears for Landlords

A recent case highlights the financial risks landlords face when tenants fail to pay rent. One landlord in Warrington, Cheshire, was left with rent arrears amounting to £29,000. Situations like this are why many in the rental sector, including PlanetRent, have been advocating for the retention of Section 21, the no-fault eviction process.

The Need for an Efficient Eviction Process

While most tenants uphold their rental agreements, rogue tenants can cause significant financial damage. In the case of the Warrington landlord, after months of non-payment, he finally regained possession of his property—only to find himself burdened with additional costs. Alongside the unpaid rent, he had to spend £2,000 just to clear out rubbish and waste left behind.

The Damage Left Behind by Rogue Tenants

The financial impact did not end with rent arrears. The landlord faced thousands more in repair costs due to severe property damage. Reports described walls covered in grime and mould, floors littered with food containers, pet food, and medication, and virtually all fixtures and fittings, including carpets, damaged beyond repair.

Can the Landlord Recover Costs?

The legal firm representing the landlord, Legal for Landlords, believes that recovering the lost rent and repair costs is unlikely. Sim Sekhon, Managing Director, stated, “This case illustrates why plans to abolish Section 21 are so dangerous for landlords’ rights. It is vital to have a robust legal mechanism in place to reach a resolution in a timely manner.” In this case, a Section 8 notice was used due to the extensive damage and rent arrears.

Why Section 8 is Not Enough

Although Section 8 was applicable in this case, there are many situations where it is insufficient. As Sekhon points out, Section 8 lacks the efficiency and legal strength needed to fully protect landlords. If Section 21 is abolished, many landlords may find themselves without an effective means to reclaim their properties, increasing their financial risks.

Protecting Landlords' Rights

The Warrington case serves as a warning for landlords across the country. Without a fair and efficient eviction process, landlords could face significant losses, making it harder to provide quality rental homes. Ensuring the right legal protections remain in place is essential for a fair and balanced rental sector.



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