Proposed abolition of Section 21 Evictions

Currently, Section 21 of the Housing Act 1988 (“HA 1988”) enables private landlords to terminate a tenancy agreement without having to provide any reason and/or establish fault on the part of the tenant, commonly known as ‘no-fault’ evictions. A Section 21 notice requires the landlord to provide the tenant with two months’ notice to leave the property and if the tenant does not leave, it is mandatory for the court to make a possession Order.

One of the main changes proposed in the Bill is the abolition of Section 21 Notices. Landlords will no longer be able to evict tenants from their properties at short notice and without a valid, legally defined reason. The tenancy will end only if the tenant chooses to leave the property by providing two months’ notice, or if the landlord has a valid reason, as defined by law under Ground 8, Schedule 2 of the HA 1988. Such grounds for terminating the tenancy are being expanded and will include the landlord wanting to sell the property, redevelop the property, landlord/family moving into the property and where the tenant is at fault, including where a tenant commits antisocial behaviour, has damaged the property or is in significant rent arrears.

The grounds to evict a tenant for rent arrears are being widened and the tenant will have to have at least three months’ rent arrears, as opposed to two months, both at the time the notice is served and at the time of the possession hearing. Furthermore, the notice period for the rent arrears will be increased from two weeks to four weeks.