Goodbye to Section 21 – What Landlords Need to Know

The End of 'No-Fault' Evictions

Section 21 of the Housing Act currently allows landlords to evict tenants without giving a reason. If the Bill passes in its current form, this will no longer be possible, and landlords will only be able to evict a tenant via the Section 8 process.

Although some rogue landlords have used Section 21 to evict tenants unfairly, this is a very small minority, and the vast majority of landlords don’t evict tenants for no good reason. Section 21 notices are most often simply used as a straightforward way to bring a tenancy to an end.

Key changes once the legislation comes into force:

• Landlords will no longer be able to remove a tenant at two months’ notice without having to give a reason.
• Landlords will only be able to evict a tenant via the legal Section 8 process, stating a valid ground.
• The accelerated possession procedure will disappear, and every contested eviction will require a court hearing.
• Tenants will have greater security of tenure.

What This Means for Landlords 

Once Section 21 is abolished, landlords will no longer have the option of simply giving a tenant two months’ notice if they want them to leave (after any initial fixed term has expired).

• The only way to remove a tenant will be by issuing a Section 8, stating a specific, legally valid ground – e.g. rent arrears, anti-social behaviour or selling the property.
• It will almost certainly take longer to remove a tenant, and therefore will be more costly for landlords because:
  • Section 8 grounds have been reformed and notice periods for many of the most common grounds have been increased.
    See ‘Section 8 Evictions: Stricter Rules & Longer Notice Periods’ for more information on this.
  • With every contested eviction requiring a court hearing, there may be delays to the process.
• Tenant screening and financial checks will become even more important, to minimise the chance of a tenancy ending badly.

Steps for Landlords to Stay Compliant

• At the start of every new tenancy, check that the rental agreement is consistent with current legislation.
• Strengthen the screening process to be as sure as possible that prospective tenants can afford the rent and are likely to be good tenants ongoing.
• Understand the Section 8 grounds for eviction and be particularly aware of the new notice periods.
• Always seek legal advice before beginning eviction proceedings.
• Check your agent is taking these steps now to ensure any existing tenancies will survive the introduction of the RRB.

What This Means for Tenants

• Greater security in their home, as the landlord will not be able to remove them without a clear, legally valid reason.
• More time to find a new home. If there is a valid reason for eviction, tenants are likely to have longer than they do currently to find somewhere else to live – at least four months in most cases where they have not breached their tenancy agreement.
  
  

Speak to a Property Expert

If you have any questions about the removal of Section 21 and how the eviction process will change once the RRB is passed, just get in touch with our lettings experts.

Book a consultation today

FAQs

1) What is Section 21?

This is a legal regulation that allows landlords to evict tenants, giving two months’ notice, without having to state a reason. This will be scrapped under the Renters’ Rights Bill.

2) How will landlords evict tenants once the new law comes into force?

Landlords will only be able to remove a tenant by using Section 8, which requires proving a valid ground for eviction.

3) What are the legal reasons for eviction?

Common reasons include rent arrears, property damage, anti-social behaviour and the landlord selling the property.

4) Will evictions take longer once Section 21 is scrapped?

In most cases, yes. The most common Section 8 grounds will have longer notice periods and the courts will be busier, given that every contested eviction will require a court hearing.

5) Can a tenant be evicted for not paying rent?

Yes, but landlords must follow Section 8 procedures and issue proper notices. Under the new proposals, a tenant will have to be three months in arrears before a Section 8 can be served, and the notice period will double, from two to four weeks.

6) Will these changes apply to existing tenancies?

Yes, all tenancies will be covered by the new rules once they have been enacted.

7) What should landlords do to protect their rental income?

Conduct thorough tenant checks and maintain open communication with tenants.

8) How can landlords avoid legal disputes?

By ensuring fair tenancy agreements, carrying out proper tenant vetting, and following legal procedures.