Should the Government Scrap Section 21 ‘No Fault’ Evictions?

In England, there are regulations to assist landlords looking to evict tenants from a rental property. 

If a tenant has an assured shorthold tenancy, there are two types of notices you can give them. If the terms of the tenancy have been broken, a Section 8 notice may be appropriate. However, in the situation that you want the property back after the fixed term of the tenancy ends (or if there is no fixed end-date), a Section 21 notice may be used.

What is a Section 21 notice?

A Section 21 notice informs tenants of your intent to evict them from the property. It begins the legal process of ending the assured shorthold tenancy, providing a date for when they need to leave.

It is important to follow the correct procedures, as the Government warns that landlords who do not may be guilty of harassing or illegally evicting tenants.

When can landlords use Section 21 notices?

If you wish to move back into your property or sell it, a Section 21 notice can help you to lawfully evict your tenants. If they stay past the date provided by the Section 21 notice, you can then apply for an accelerated possession order. This may be quicker than a standard possession order, but there is a fee.

Landlords do not need to have a specific reason to serve tenants Section 21 notice, which is why it is known as a ‘no fault’ eviction.

When might Section 8 be more suitable Section 21?

If you are looking to evict a tenant due to the terms of the tenancy being broken, a Section 8 notice might be more suitable. It requires you to specify the terms that have been broken. Both Section 8 and Section notices currently require a notice period of at least two months. 

However, in some, cases the notice period may be shorter for a Section 8 notice. For example, the Government lists the minimum notice period length for ‘serious anti-social behaviour’ as four weeks for a periodic tenancy and one month for a fixed-term tenancy.

What other precautions can landlords take to protect their rental investment?

Having a suitable landlord insurance policy can provide cover for issues such as malicious damage and theft by tenants. 

Specialist property insurance provider Just Landlords comments: “A comprehensive policy can help protect rental homes from a range of risks. Knowing that you have cover if a tenant causes damage to the property can help provide peace of mind. On top of that, landlords can also consider rent guarantee insurance if they have concerns about tenants failing to pay the rent.”

Why has the Government decided to scrap Section 21?

Section 21 of the Housing Act 1988 has come under scrutiny in recent years due to the power it provides landlords to evict tenants without them being at fault.

A consultation in 2018 found that tenants are reluctant to ask for repairs or challenge rent increases “due to the ease with which landlords can evict them.”

In 2019 the Government announced its intention to end unfair evictions to improve the security and protection available for renters.

What will Section 21 notices be replaced with?

The Government has proposed that the Section 8 eviction process should be amended to allow landlords to regain their property if they want to live in it themselves or wish to sell. 

It has also been proposed that the court process for housing cases should be reformed so that landlords with a legitimate reason can more swiftly and smoothly regain their property.

By making such changes, it is hoped that the private rental sector will provide more secure housing for tenants while providing landlords with the support they need to invest in the rental market with confidence.