Following on from our article on the key reforms in the Renters’ Rights Bill, we take a look at one of the most decisive proposed changes, aimed at enhancing security for tenants in the private rented sector.

What Are No-Fault Evictions?

Evictions under section 21 of the Housing Act 1988 are often referred to as ‘no-fault’ evictions as section 21 allows landlords to evict their tenants without providing a reason and can be served any time outside of the fixed term of an assured shorthold tenancy. Often, unless there is a procedural defect in the notice, tenants are unable to defend against these evictions.

In recent years ‘no-fault’ evictions have become increasingly criticised by proponents of tenant rights, who consider that the ability to serve a ‘no-fault’ eviction undermines tenant security in their homes.

The Future of Section 21

In a move to address these concerns, the new Bill will abolish ‘no-fault evictions’, meaning landlords will only be able to evict on specific grounds under section 8 of the Housing Act 1988. It is hoped that by restricting the basis on which landlords can evict tenants, the power imbalance between landlords and tenants will be reduced, as this will make landlords more accountable for evictions.

Concerns

Despite the potential benefits for tenants with the removal of ‘no-fault’ evictions, there are may that have raised concerns about the impact of this on the rental market. Landlords have expressed concern that due to the restrictive nature of the section 8 grounds for eviction, that they will be stuck with difficult tenants that they cannot remove. The proposed change has also led a number of landlords to consider exiting the rental market altogether.

When Will This Happen?

While the Bill has now entered the committee stage in the House of Commons, we do not have a set date for it to effect, should it be passed, though there are indications that the Bill may come into force as early as the start of next year. It has already been indicated that there will be no transition period for when the Bill comes into force meaning that ‘no-fault’ evictions will end as soon as this takes effect.

Speak to Rhoda Honey

Rhoda is a Associate Solicitor at Wollens and can advise you. Contact Rhoda via email Rhoda.Honey@wollens.co.uk or call 01803 225128.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.