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A Section 21 Notice under the Housing Act 1988 is used by Landlords to evict a Tenant with two months’ notice once their fixed term contract has expired. Under Section 21, private Landlords are not required to provide a reason for the eviction. By virtue of this, section 21 notices are often referred to as a “no fault” eviction as no evidence of a fault on the part of the Tenant is required.
As private Landlords are able to repossess their property without having to establish a fault on the part of the Tenant, the Tenant’s security over the property is at risk, thereby invariably having a detrimental effect on the Tenant’s wellbeing. For example, some Tenants abstain from requesting repairs and maintenance works to their homes from their Landlord as they believe that, in doing so, the Landlord will simply serve a Section 21 notice to evict them.
The Renters (Reform) Bill 2022-23 looks to secure a more robust tenancy structure whereby a tenancy will only end if the Tenant chooses to end it, or if the Landlord has a valid ground for possession under Section 8 of the 1988 Act. This means that tenancies that were fixed term would be transformed into period tenancies which do not have an end date.
The abolishment of Section 21 will result in private Landlords having to provide their Tenants with a reason for ending the tenancy. However, to allow Landlords to retain an effective means to gain possession of their properties when necessary, the existing grounds of possession will be reformed, and new grounds for possession will be created.
Examples of reasonable grounds for possession now include (but are not limited to) the following:-
It is important to note, however, that under the Bill, Landlords will be unable to rely on the above grounds for possession for the first 6 months of the tenancy.
In particular, grounds for antisocial behaviour will also be strengthened in that a wider range of tenant behaviours can be considered in court. If such antisocial behaviour is ‘capable of causing’ nuisance or annoyance, the Landlord is able to make a possession claim immediately.
As a result, Tenants will have more security over their property and are likely to feel more confident when challenging any poor quality standards in relation to their rental property without having a fear of a ‘no fault’ eviction hanging over their shoulders.
If you require further legal advice, please contact one of our experienced solicitors by emailing hello@glanvilles.co.uk who would be happy to assist.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice, and should not be relied upon as advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. All content was correct at the time of publishing. Legal advice should always be sought in relation to specific circumstances.