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End of Section 21 Notices – no fault eviction a thing of the past

17 Apr 2019

No-fault divorce may be set to come into being imminently, but it looks as though no-fault evictions could be a thing of the past.

Currently, a landlord can serve notice to terminate their tenant’s assured shorthold tenancy under s.21 of the Housing Act 1988, at the end of the term, without having to rely on any of the grounds for possession that are contained within the Housing Act 1988. Effectively, landlords can currently seek to recover possession of their property, and evict their tenants, at the end of their tenancy, without having to give a reason.

Landlords’ powers curbed
However it is now proposed that more power be given to residential tenants and taken away from landlords as government plans look to remove the current s.21 “no-fault” procedure.  Which, in a nut shell, means that a landlord will now have to have a good reason to seek to evict a tenant.

Whilst 11 million residential tenants in England will be happy to hear this, some landlords will despair.

Landlords will still be able to use a Section 8 possession notice to evict someone who has broken the terms of their tenancy - for example by not paying rent - but this can involve landlords spending money taking action in court if the tenants refuse to leave.

Will this change create a reluctance on the part of landlords to buy properties to rent and stifle the supply of rental properties?  We wait and watch.

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