Last month, the Government outlined new proposals to put an end to no-fault evictions which enables private landlords to evict tenants without needing a reason to do so.
The reason for the outlined proposals is to provide tenants with greater legal rights and protections from unethical landlords. Currently, Section 21 notices enable landlords to evict tenants without a reason (with as little as eight weeks’ notice) once their fixed-term tenancy period expires (if they comply with the Deregulation Act 2015) but the new proposals would stop this from happening.
James Brokenshire, the Secretary of State for Communities, commented on the proposals:
“By abolishing these kinds of evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves – not have it made for them.
“For many, this means having the security and stability to make a place truly feel like home without the fear of being evicted at a moments’ notice.”
The new proposals would mean that landlords would have to provide a “concrete reason specified in law” before evicting a tenant.
Landlords can also evict tenants using the Section 8 legislation which enables landlords to regain possession of their property if tenants are in breach of their tenancy agreement. However, the Government are proposing to strengthen this legislation to enable landlords to obtain possession if their circumstances change, for example if they wish to sell or move back into their property.
It is understood that similar legal plans are being considered for Wales, whilst Scotland introduced rules in 2017 which require landlords to provide a reason for ending a tenancy.
Criticisms
Whilst the new proposals have been well received by most, it has drawn criticism from many landlords and their representatives who feel the new rules will make it difficult to evict tenants who don’t pay their rent. David Smith from the Residential Landlords Association (RLA) commented:
“Section 21 notices are used by landlords for lots of reasons, most obviously when they want to sell a property, but actually half of the time they’re used because there is a good reason – like rent arrears or problems with antisocial behaviour.
“If landlords lose section 21 then there’s a risk they’ll feel the sector is no longer worth their investment because the risk factors increase.
“There is a risk that they’ll feel reluctant to let in more marginal tenants because it’ll be too risky for them to do so and that’ll mean a potential risk in supply which will impact the poor in society more than anyone else.”
How Nelsons Can Help
Paula Haverkamp is a Paralegal in our Dispute Resolution team specialising in landlord and tenant issues and property disputes.
Our expert team of property litigation solicitors are able to assist landlords with their legal rights and obligations, providing advice to resolve any disputes with their tenants as quickly as possible.
If you would like any advice, please call 0800 024 1976 or contact us via our online form.