Written by Jennifer Whitwam
The abolition of Section 21 was first proposed by Theresa May’s government in April 2019. Proposals for ‘The Renters Reform bill: a fairer private rented sector’ white paper were released in June 2022. Following the election of the new Labour government, Prime Minister Keir Starmer has confirmed his intention to put forward their version of The Renters’ Reform bill, calling it the “Renters Rights Bill”. This included a commitment to abolishing the S.21 accelerated procedure for evicting tenants. New Housing Minister, Mr Matthew Pennycook, states that the aim of the Bill is to “decisively level the playing field between landlords and tenants”.
So, should Landlords panic?
S.21 is commonly known as: “no fault eviction”. This is because it allows landlords to evict tenants, on two months’ notice, and without reason, after the expiry of the fixed term. The new Bill appears to be changing this position so that all new and existing tenancies will move to periodic tenancies. Tenants will be protected from eviction unless one of the S.8 specified grounds for eviction are met.
It is not all ‘doom and gloom’, whilst S.21 will effectively be abolished, the proposal is to amend the existing S.8 procedure, to introduce new grounds for eviction, such as: when the landlord needs to sell the property or when the landlord or family member needs to move in. Tenants will only be protected from eviction on these grounds for the first 12 months of the tenancy.
The proposed changes are at a very early stage, with the House of Commons only just having completed the first reading. Amendments are likely to be made, and we are a long way from a final version of the Bill. Whilst the abolition of S.21 is a big change, it is important to remember that the S.8 procedure still provides significant protection for landlords who need to evict their tenants for reasons such as: rent arrears, damage to the property, illegal sub-letting or breach of other terms of their tenancy agreement, and this is not an exhaustive list.
How soon after the Bill is passed, will the changes take effect? The Bill indicates that on the implementation date, “the new tenancy system will apply to all private tenancies – existing tenancies will convert to the new system, and any new tenancies signed on or after this date will also be governed by the new rules. Existing fixed terms will be converted to periodic tenancies, and landlords will no longer be able to serve new section 21 or old-style section 8 notices to evict their tenants”.
We at Paul Robinson are keeping fully up to date with all of the proposed changes. Using our experience and expertise we can assist landlords to legally and efficiently evict their tenants.
It is now more important than ever, for landlords to get the right legal advice, and ensure that the Tenancy Agreements they are using offer them the maximum protection. Likewise, to avoid future problems with eviction, it is essential for landlords to comply with all the legal requirements at the start of a tenancy. At Paul Robinson can assist with drafting tenancy agreements, and advising on the steps required at the start of a tenancy. If you have any queries or questions regarding the eviction of a tenant, or a new tenancy, please do not hesitate to make contact with us.
If you want to know more or want to speak to a member of our Dispute Resolution team, please get in touch below or call us on 01702 338338.
