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> You can provide better protection for both sides by requiring written and recorded contracts for real property use/rental, just as we do for real property sal
by KaiserPro 2y ago
> You can provide better protection for both sides by requiring written and recorded contracts for real property use/rental, just as we do for real property sales today.
In england there is the "Assured shorthold tenancy agreement" which basically provides a set of rights to tenants and landlords. On the one hand its great as it sets out a clear set of expectations for tenants (24 hours notice of landlord visiting, cant be evicted without notice, deposits must be in third party)
However there is still no fault evictions, which means you can be kicked out for no reason with only 1 months notice.
For the landlord it allows them to reclaim the property at the end of the contract.
However its still the most vulnerable that get evicted.
- 8A51C 2y agoJust to be clear, a tenant cannot be kicked out after a month. A section 21 notice requires a tenant to hand back possesion in 2 months, if a tenant does not the landlord may make an application to court for a possession order (which WILL be granted if all process followed correctly),the order is served and then if a tenant still doesn't relinquish possession a landlord may apply for an eviction warrant, this gives them the right to employ the bailiff to forcibly kick a tenant out. Depending on the courts and bailiff availability this process may take anywhere between 6 weeks and several months on top of the initial 2 months. The costs are often a loss for the landlord. 'Kicked out' was just a turn of phrase but I thought it should be clear in this context. As for the most vulnerable, ime it is common for social tenants, that is councils and housing associations (who are compelled by law to offer affordable rents) to have assured tenancies, which do not allow no fault evictions. And if not then there is an extra notice period of 6 months plus 2 months for the section 21. https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/section_21_notices_for_assured_shorthold_tenancies https://england.shelter.org.uk/professional_resources/legal/... There is of course a crisis of availability of all rental properties so the most vulnerable overlap social and private sectors.
- KaiserPro 2y agoSorry thank you for providing a much better and accurate overview of the law. It is most appreciated.