Understanding Section 21 No-Fault Evictions, Tenant Rights, and the Renters Reform Bill
Introduction:
The Renters (Reform) Bill 2022-23, introduced on May 17, 2023, has put the issue of Section 21 no-fault evictions in the spotlight. Below we explore the problems associated with Section 21, the history of reform efforts, reactions to the proposed abolition, and the current status. In addition, it provides vital information on tenant rights when served with a Section 21 notice.
The Problem with Section 21:
Section 21 of the Housing Act 1988 permits private landlords to repossess their properties from assured shorthold tenants without establishing tenant fault, often referred to as a 'no-fault' ground for eviction. However, this practice raises concerns regarding tenant well-being, discouraging them from exercising their rights to secure repairs or challenge rent increases, which leads to housing insecurity, affecting education and mental health.
Tenant Rights When Served with a Section 21 Notice:
Just because you have been issued a Section 21 notice doesn’t mean you have no rights.
Firstly, don’t panic, understanding your rights is crucial:
Notice Period: Your landlord must provide you with a minimum two months' notice before seeking possession of the property, although the notice period can vary depending on specific circumstances.
Deposit Protection: Ensure your tenancy deposit is protected in a government-approved scheme, as required by law. Your landlord should have provided scheme information within 30 days of receiving your deposit.
Repairs and Maintenance: Even during the notice period, you maintain the right to request necessary repairs and maintenance. Your landlord remains obligated to address legitimate repair issues promptly.
Rent Payments: Keep paying your rent as usual. Your rent obligations remain in effect during the notice period.
Legal Advice: If you're uncertain about your rights or the validity of the Section 21 notice you've received, consult a housing solicitor here or a local Citizens Advice Bureau for legal guidance.
Consultation and Government Response:
In 2019, the UK government announced its intention to abolish Section 21, followed by a consultation from July to October 2019. The Renters Reform Bill and the white paper, "A fairer private rented sector," were introduced to enhance the quality of the private rented sector, with proposals to abolish Section 21 evictions and introduce a simpler, secure tenancy structure.
Reactions to Abolishing Section 21:
Reactions to the proposed abolition vary. Advocacy organisations for tenants, such as Shelter and Generation Rent, welcome the move but advocate for stronger tenant protections and longer notice periods. Landlord organisations, including the National Residential Landlords Association (NRLA), express concerns about potential repercussions, such as landlords exiting the sector, dropping new housing supply and pushing up rents.
The Urgent Need for Reform:
Recent analysis shows that nearly 300 London renters face 'no-fault' evictions weekly. A delay in implementing the Renters Reform Bill could result in thousands more Londoners facing such evictions. London's Mayor, Sadiq Khan, urges the government to strengthen the Bill, close loopholes, and extend notice periods to prevent homelessness.
Delays in Abolishing Section 21:
The government recently announced that the abolition of Section 21 will occur once the Court system had been reformed including stronger possession grounds and a new court process are in place, potentially causing delays. The government aims to simplify court processes, prioritise certain cases, and provide early legal advice.
Conclusion:
The proposed ban on Section 21 no-fault evictions is a significant step toward securing tenant rights and enhancing housing security. However, the Government has earlier this week decided that the ban will not come into place until ‘sufficient progress’ has been made in the court system. This is likely to be a very slow process and we do not anticipate this changing in the near future. If you are a tenant who has received a section 21 notice or otherwise are unhappy with your landlord, you can seek professional legal advice here.
