The Government has today announced that they intend to abolish the no-fault eviction ground for Landlords under section 21 of the Housing Act 1988 , so-called ‘no fault’ repossessions in the private rented sector.
If the plans go ahead landlords will no longer be permitted to serve tenants with a section 21 notice giving two-months’ notice to end an expired fixed term or periodic tenancy.
James Brokenshire, the Housing Secretary commented that Section 21 evictions were one of the biggest causes of homelessness for families.
To recap, a section 21 notice allows landlords to issue notice to their tenants to end a tenancy. It requires them to give at least two months’ notice before it comes in to effect.
As a landlord you do not have to give a reason for issuing a section 21 notice.
Most of their tenants feel they have no choice but to accept this as often they would find it hard to find somewhere else to rent.
Even non-criminal landlords will use section 21 sometimes to evict tenants who have done no wrong. Which means that many tenants do not feel secure in their homes and feel unable to put down roots in the community. This can be particularly damaging for families with children.
WHAT IF A LANDLORD WANTS TO SELL UP OR MOVE INTO THEIR PROPERTY?
The proposals include revisions to section 8 which will include the ability for landlords to use Section 8 if they wish to either sell the property or move into it themselves.
The government is also proposing to expedite court processes so that landlords can ‘swiftly and smoothly’ regain possession of their rental properties in the event that tenants damage the property or fall into rent arrears.
ARLA chief executive David Cox said this morning: “Today’s news could be devastating for the private rented sector and landlords operating within it.
He said that ARLA Propertymark will be engaging with the Government to ensure ministers fully understand the consequences of any changes, and all changes are based on evidence, so landlords have the ability to regain their properties if needed.
The government will no doubt consider what changes are needed and will be looking at the grounds for possession used with section 8 notices to see what is needed. We will have to wait for the consultation, and its outcome to know more.
It is important to note that this article isn’t exhaustive and doesn’t constitute legal advice.