Abolition of Section 21 evictions – is it going ahead?

Labour has said it plans to go ahead with the abolition of Section 21 evictions “immediately”. However, this is more of a statement of intent than an actual timeline. The Renters’ Reform Bill had not yet gained Royal Assent under the previous government. It will now be replaced by a Renters’ Rights Bill. As such, this new Bill will need to go through the normal process in both houses of parliament.

On that basis, we are unlikely to see the abolition of Section 21 before 2025. Landlords should, nevertheless, begin to prepare for its abolition.

Section 21 – what is it?

Landlords can evict a tenant under a Section 21 notice without giving a reason for the eviction. Subject to meeting certain conditions, the landlord simply needs to give the tenant two months’ notice of the eviction.

Landlords often rely on Section 21 as an easier and speedier way to end a tenancy. As a ‘no fault’ eviction, there is no dispute or need to go to court. And at a time when there is a backlog of court cases, this can be a favourable option for landlords. 

Renters’ Rights Bill

Labour’s plans were laid out in the King’s Speech and intend to give “greater rights and protections to people renting their homes, including ending no fault evictions, and reforming grounds for possession”.

Removing Section 21 is part of that protection for tenants. It intends to prevent rogue landlords evicting tenants without cause; perhaps in order to then re-let the property at a higher rent. It could also protect a tenant who raises a complaint about the property from fear of eviction over the grievance.

In reality, few landlords evict a good tenant who looks after the property and pays their rent on time. In general, we see Section 21 being used where tenants are not looking after the property, failing to pay rent, or creating a nuisance.

Once Section 21 is removed then it is inevitable that there will be many more cases going through the courts. This is a significant issue as the courts are already swamped and dealing with a significant backlog. It remains to be seen what action will be taken to prevent courts from becoming overloaded.

Section 8 notice of eviction

The alternative way of evicting a tenant is via a Section 8 notice. In this case, the landlord needs to prove the tenant has breached the terms of the tenancy agreement. This can be a lengthy process for landlords to gather all the required evidence. Specialist legal advice is recommended to ensure the notice is served correctly and has the best chance of success.

For further advice and support, contact one of Bird & Lovibond’s specialist Landlord & Tenant solicitors.

David Trood
dtrood@bird-lovibond.co.uk
01895 256151