The government has announced plans to launch a consultation on proposals to remove the ability of landlords to use ‘no fault’ evictions under Section 21 of the 1988 Housing Act.
Paul S. Sheeter, solicitor and head of property law at London law firm Ingram Winter Green, explained: ‘It is expected that private landlords will no longer be able to evict tenants from their homes at short notice without a legitimate legally-specified reason. This is a change from the current rules which allow landlords to evict tenants at any time after the fixed-term contract has come to an end.’
‘It is expected that private landlords will no longer be able to evict tenants from their homes at short notice without a legitimate legally-specified reason. ‘
With the growth in ‘generation rent’, the government hopes to improve the security of tenure for 4+ million families who live in rented accommodation by creating open-ended tenancies. Evidence from the Ministry of Justice has shown that the end of tenancies through the Section 21 process is one of the biggest causes of family homelessness.
According to Communities Secretary, Rt Hon James Brokenshire MP, this will be the ‘biggest change to the private rental sector in a generation’.
Landlords will still be able to end tenancies where they have legitimate reasons to do so, but they will no longer be able to evict families unexpectedly with only 8 weeks’ notice.
Under the proposals, landlords will have to provide a concrete, evidenced reason already specified in law for bringing tenancies to an end.
James Brokenshire explained that, ‘to ensure responsible landlords have confidence they will be able to end tenancies where they have legitimate reason to do so, ministers will amend the Section 8 eviction process, so property owners are able to regain their home should they wish to sell it or move into it.’
‘Court processes will also be expedited so landlords are able to swiftly and smoothly regain their property in the rare event of tenants falling into rent arrears or damaging the property – meaning landlords have the security of knowing disputes will be resolved quickly.’
Click here to read the full government press release.
‘It is always best for a landlord to seek expert legal advice if you are having problems with tenants which cannot be resolved,’ says Paul Sheeter. ‘There are a range of legal options available to improve the situation, and which will ensure that you remain on the right side of the law.’
For further information on property law
Further information on any legal problems between a landlord and tenant issues, in London or the rest of England and Wales, contact property law expert Paul S. Sheeter on +44 (0) 207 845 7400 or email paulsheeter@iwg.co.uk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.