Why do no fault evictions terrify everyone, they are legal in Germany and there's no problem here. But we also don't have short term or term limited tenancies, those are pretty rare, so when you rent a property you tend to treat it as your own home which is better both for landlords and tenants.
That said some landlords are using tricks to move to more exploitative models
From a tenants perspective the removal of S21 gives security. Mostly it stops landlords evicting tenants who complain about perfectly justifiable things such as no heating or hot water for example. Many tenants put up with terrible conditions through fear of a simple S21 dropping through their letterbox at any time. Perfectly reasonable to think that needs dealing with.
I’ll give a couple of real case examples of instances I’ve been involved in which show the potential nightmare side of the removal of S21 and how it is playing out right now. Many, many landlords are in this situation:
Landlord opts out and decides to sell (Removal of S21, tax changes, 2025 legislation etc etc etc) meaning by no measure is the sector financially viable never mind the increased risk with loss of control.
Landlord has reasonable tenant who pays on time.
Landlord has no choice but to issue S21 2 months notice
Tenant says:
Tenant looks at options
Tenant can’t afford to rent elsewhere, circumstances have changed (cost of living, job loss, etc etc)
Tenant ask council if there is any housing available
Council says they won’t help unless tenant is homeless
Council ADVISES (IS ADVISING all people in this situation) to tell landlord they are not moving and to wait until they are evicted through the courts. On the day of eviction they effectively become the council’s problem so will provide assistance (conditional to circumstances, children etc). Assistance being hostel/hotel/ other housing depending upon circumstances.
To be clear here council’s are advising tenants of tactical strategies (I have this first hand) in how to prolong legal cases and draw them out as long as possible (how to avoid paying rent whilst not breaching conditions undermining S21 case (making small alternate month payments, thus not triggering the 2 months non payment clause etc, etc, etc.. and a whole load of other technicalities too).
As said previously, S21 needed refining and I do have issues with property used as assets not homes, but ditching it altogether was always going to be catastrophic. Even the most anti-landlord, anti-capitalist person would realise it would make no sense whatsoever for anyone to have funds tied up in something someone else had complete control of.
I understand the long game and maybe we will one day arrive at a point housing is used in the way it should be, but unless I’m mistaken that would require a healthy rental market too. I don’t see how any of that is achievable without a huge building program which in reality is never going to happen, but that’s the bigger picture problem.
The landlords will eventually move on but it’s the tenants bearing the brunt as usual and unfortunately their problems are looking like they are going to get a whole lot worse. I suspect a tweak to S21 would restore some balance and bring stability which would be the sensible option but for the politicians and most certainly AR, this is a point of principle and there’s no turning back.
I just find it unforgivable that well intended policies should manifest themselves in such disaster. Sadly a very rocky road ahead.