A Fairer Private Rented Sector?
Alex Jeffery, Partner & Head of Litigation | 17th August 2022
Claims for possession under section 21(1) and (4) of the Housing Act 1998 currently enables a landlord to evict a tenant from their tenancy without any reason(s), having first given them two months’ notice; more commonly known as a ‘no fault eviction’.
Alternatively, there is the possibility for landlords to proceed under Section 8 of the Housing Act 1998 in circumstances such as rental arrears or anti-social behaviour.
It is the government’s view that s.21 Notices negatively impact tenants and their ability to rely on safe and secure housing and are therefore proposing to ban s.21 Notices.
The changes occurring:
In April 2019, the government confirmed its intention to abolish the ‘no-fault evictions’ announcing that “private landlords will no longer be able to evict tenants from their homes at short notice and without good reason”.
More recently, on 10 May 2022, the Queen’s speech stated the government’s intention to introduce a Renters Reform Bill. The Bill, amongst other things, included the abolition of no-fault evictions.
Currently, there is no information as to when exactly the abolition of no-fault evictions will come into place, but it appears that it will come into force sometime in the near future.
What does this mean for evictions?
In abolishing no-fault eviction process as we know it under a s.21 Notice, landlords will no longer be able to evict tenants from their tenancy for no reason.
Therefore, the Government intends to strengthen the grounds for a s.8 Notice for landlords, so that landlords may still repossess their property without the tenant having had to break the rules of the tenancy.
The government published and updated its White Paper – ‘A fairer private rented sector’ on 2 August 2022, which contains the new grounds being implemented to strengthen section 8 for landlords. The new grounds currently being discussed are:
1. The landlord wishes to sell the property;
2. The landlord wishes to move into the property themselves;
3. Close family members of the landlord wish to move into the property; and
4. Where there are repeated serious arrears (2 months of arrears three times in the last 3 years) the tenant’s eviction will be mandatory.
It is understood that the new grounds to obtain possession of the property due to grounds that the landlord wishes to sell the property or move into the property (whether it be the landlord themselves, or their family members) cannot be used for the first 6 months of the tenancy, similar to the s.21 notice in its current form.
The purpose of the reforms is to provide tenants with a “safe, secure, good value and decent home wherever they live”. The government envisages implementing the new system in two stages, allowing at least 12 months between each stage.
