The end of “no fault” evictions

The Renters Reform Bill aims to give tenants more security and better-quality housing. Most tenancies in England will be affected save for certain purpose-built student accommodation. There are several proposed changes to tenancy terms, but perhaps most significantly the Bill aims to repeal section 21 of the Housing Act 1988 which allows “no fault” evictions.

This means landlords will have to rely on section 8 of the Act. To use the section 8 procedure landlords must rely on specific grounds for possession and a hearing is required. To compensate for the loss of section 21 the Government plans to enhance the section 8 grounds to include; repeated serious rent arrears; landlords wishing to sell their property; and landlords who wish to move into the property or allow close family to do so.

A House of Commons Committee report published on 9 February 2023 made recommendations to the Government. The Government has two months to respond to that. Therefore, the detail of the new rules is still being discussed. While it seems likely that the legislation will be enacted this year, it is unclear whether the actual implementation of the provisions will happen this year or next.   

Posted on 03/02/2023 by Ortolan

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