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.

Further reading

Use of statutory demand to make company insolvent suspended until June

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Cheraine Williams looks at more temporary Covid-driven measures that will protect businesses and tenants from possible legal action
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New guidance issued for valuation of flats and investigating fire safety

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Cheraine Williams looks a the current situation facing leaseholders looking to sell or re-finance their property; will new guidance provide clarity?
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Government sets new energy targets for domestic and commercial buildings

Blog, Legal Updates
UK law requires net zero greenhouse gas emissions by 2050; new rules and standards for heating and powering buildings will have a significant impact
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Covid regs prevent landlords taking action to recover rent for more than 500 days

Blog, Legal Updates
Just seven days’ rent arrears used to be enough for commercial landlords to take action; the latest adjustment pushes that out to 554 days
Read more Read
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