Renters’ Rights Act and Tenant Eviction
1st May saw the introduction of the most significant changes of the much discussed ‘Renters’ Rights Act’. This is a major shift in public policy. It sees the end of Section 21 notices, with periodic assured tenancies becoming the default residential tenancy in England.
It is still possible to terminate tenancies if a landlord has a genuine need however, this will need to follow a grounds-based section 8 process. Here landlords will need to state the reason for the repossession with that reason being one of the stated grounds for termination. These grounds include the following:
- A need to sell the property
- A need to move into the property
- Serious antisocial behaviour
- A breach of the contract.
- Rent arrears
This new regime is in its early stages, but the general expectation is that the eviction process may take longer and it is possible that larger amounts of rent arrears could build up over time.
A valid section 21 or section 8 notice issued before 1st May can still be used if an application to the court is made before 31 July 2026.
The Renters’ Rights Act is a wide-ranging piece of law which also includes various rights for the tenant, whether these be related to their employment status or even their pets.
Private landlords now need to review all of their procedures and processes from marketing a property through to any potential termination of a tenancy.
There is no doubt the Act represents a substantial change in emphasis in the relationship between Landlords and Tenants. This change needs to be reflected in the agreements between both parties, and any subsequent ending of a tenancy agreement needs to be done in accordance with the Act.
Failure to comply with the new legislation can attract financial penalties.
Many landlords have adjusted their processes and procedures. For those serving notice for the first time under the new Act caution is important and legal advice may well help avoid cost and further delay.
Please contact our specialist team of landlord and tenant solicitors if you have any queries relating to landlord and tenant law.