Landlords need to be aware – Plans to abolish Section 21 evictions

The government intend to abolish section 21 of the Housing Act 1988 (also known as ‘no fault’ repossessions).

What is a section 21 notice?
A section 21 notice allows a landlord to evict a tenant from the property without providing an explanation.

A tenant may not have caused the landlord any problems, however, a landlord can serve a section 21 notice on the tenant during a periodic tenancy (no fixed end-date) or at the end of a fixed term tenancy (a written agreement with a fixed end-date). A landlord must provide at least two months’ notice.

A landlord may want to remove a tenant from a property for many reasons, such as renovating the property, sale of the property or the landlord may wish to occupy the property.

The National Landlords Association (NLA) say that landlords should be able to use a Section 8 possession notice to evict a tenant who has broken the terms of their tenancy, for example by not paying rent or causing damage to the property.

This usually involves the landlord paying money to take the matter to court, if the tenant refuses to leave the property.

NLA say that landlords have been forced to use section 21 notices’ because they had ‘no confidence’ in courts to deal with a possession claim (breach of tenancy) quickly.

Will the proposed changes effect landlords?
If the changes are implemented, landlords will have to provide a concrete, evidenced-based reason already specified in law, in order to bring a tenancy to an end.

The government insist that landlords will be able to repossess their property for different reasons, specified in law, and in genuine cases, however the changes will protect responsible tenants from unfair evictions and unethical behaviour.

Shelter, a charity which helps people struggling with bad housing or homelessness, said the proposals would “transform lives”.

If you are a landlord and you would like to be notified if and when any of these changes come in to force, please do not hesitate to contact Gemma Eastham, Commercial Property Solicitor, at MBH Solicitors who will be pleased to assist: