Government Reaffirms That No Fault Evictions Will Be Banned

Earlier this week, the House of Commons published its ‘The end of ‘no-fault’ section 21 evictions’ report which reaffirms that the Government will go ahead with its plans which prevent landlords in England from being able to evict tenants without giving a reason.

The report follows months of uncertainty as to whether the scrapping of no-fault evictions would go ahead or not, following comments from now-ex-Prime Minister, Liz Truss, which initially indicated that the Government was going to break its promise of banning no-fault evictions. However, the next day, Ms Truss confirmed that these types of evictions would be banned.

Earlier in the year (10 May), the Queen’s Speech confirmed that no-fault evictions would be abolished under the Renters Reform Bill (Bill), which is expected to become law sometime next year. The delayed Bill will also include an Ombudsman to handle disputes and extend the Decent Homes Standard to private renting homes.

Scrapping Section 21 notices and other new laws anticipated to come into effect in the rental sector

As mentioned above, the Bill will abolish what the Government has referred to as no-fault evictions – Section 21 evictions – and will give “…renters better rights when they are told to leave despite complying with the terms of their tenancy.”

Landlords terminating tenancies without giving any reason will be outlawed so renters can remain in their homes and communities, and continue supporting the local economy. Previously published statistics showed that 22% of tenants who moved out of their properties did not end their tenancies by choice.

The Bill will also strengthen landlords’ rights of possession and will seek to provide a “fair and effective market” for both tenants and landlords.

Strengthening landlords’ right of possession will help tackle repeated rent arrears and/or anti-social behaviour among tenants.

Finally, as alluded to above, a new Ombudsman for private rented landlords will ensure disputes can be easily resolved without having to take matters through the Courts.

New deal for private renters

There are 4.4 million households in the private rented sector and the Decent Homes Standard will place a legal obligation on the small number of landlords renting out homes that are of such low quality that they are endangering the health of their tenants to quickly improve them.

The Bill also introduces a new property portal in order for people to check their landlord is reputable and to give tenants performance information to hold their landlord to account. It also aims to help landlords understand their obligations.

There has been a divide in opinions based on abolishing Section 21 notices between organisations supporting on behalf of the tenants and those supporting on behalf of private landlords.

Chief Executive of Shelter, Polly Neate, described the white paper as a “game changer” for private renters:

However, the National Residential Landlords Association argues that a better improved and reformed Court system, including improvements to the ground for possession, should be implemented before Section 21 is either amended or abolished.

There is cause for concern that many landlords could leave the sector which could reduce access for people who cannot afford to buy and who can’t access social rented homes.