Update: June 2023

In a significant shakeup of the rental sector, the Renters’ Reform Bill is anticipated to bolster the Section 8 eviction process, particularly concerning the removal of anti-social tenants. This move is likely to streamline the eviction procedure and make it more efficient for landlords dealing with disruptive renters.

Section 8, part of the Housing Act 1988, gives landlords grounds for eviction in cases of rent arrears, property damage, or anti-social behaviour. The proposed reform is expected to further amplify these powers, creating a more effective mechanism for tackling persistent anti-social conduct.

This strengthening of Section 8 evictions is seen as a counterbalance to the proposed abolition of Section 21 evictions – colloquially known as the “no fault” evictions. The move to scrap these evictions, which currently allow landlords to evict tenants without any specific reasoning at the end of their tenancy, is anticipated to provide more stability and security for renters.

Simultaneously, in a push towards longer-term security for tenants, the bill proposes changes from Fixed Term Tenancies to Periodic Tenancies, also known as ‘rolling’ tenancies. This change would mean that, instead of having a fixed end date, tenancies would continue on a month-to-month or week-to-week basis, providing flexibility for both landlords and tenants.

These legislative changes are seen by many as a means of rebalancing the power dynamics within the rental sector, offering tenants improved security whilst ensuring landlords maintain essential rights to manage their properties effectively. The Renters’ Reform Bill’s progress will undoubtedly be closely watched by tenants, landlords, and industry experts alike.

Original Article

Section 21, a legal provision in England and Wales, enables landlords to evict tenants without providing a reason, commonly referred to as a ‘no-fault’ eviction. However, recent changes to Section 21 have significant implications for landlords in terms of their property management and ability to remove tenants. This guide aims to clarify the modifications proposed to Section 21 and their impact on the eviction process. Typically, landlords utilise Section 21 to evict tenants either at the conclusion of their fixed-term tenancy or during a periodic tenancy.

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Changes to Section 21

In 2019, amendments were introduced to Section 21 as part of the Tenant Fees Act. These changes were implemented to enhance tenants’ security of tenure. Consequently, landlords are now unable to employ this procedure to evict tenants in various circumstances. These include instances where the property poses safety risks or when tenants have failed to meet specific legal obligations. As a result, landlords have had to resort to Section 8 or other Grounds for Possession instead.

The alterations necessitate landlords to exercise greater caution when utilising Section 21 for tenant evictions and prompt them to explore alternative eviction routes. It is important to note that Section 21s are currently in the process of being abolished, with the legislation expected to be implemented as a part of the Renters Reform Bill in 2024.

To ensure compliance with all legal obligations and to determine the most suitable course of action, landlords should consider seeking professional legal advice before serving a Section 21 notice. Taking these steps will help landlords navigate the changing landscape of eviction regulations effectively.

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