End of Section 21?

The government has today announced plans to consult on new legislation to abolish Section 21 evictions.

The government has outlined plans today to consult on new legislation to end section 21, so called ‘no fault’ evictions. If the plans go ahead landlords will no longer be permitted to serve tenants with a section 21 notice giving two-months’ notice to end an expired fixed term or periodic tenancy.

In the absence of a section 21 eviction process tenancies will become open-ended with landlords only permitted to evict tenants where they have a legitimate reason to do so. Under these proposed changes the section 8 process will be amended to allow landlords to regain their properties where they wish to sell or move into them.

The government is also proposing to expedite court processes so that landlords can ‘swiftly and smoothly’ regain possession of their rental properties in the event that tenants damage the property or fall into rent arrears.

Initial steps to be taken by the government with a view to abolishing the section 21 process includes a consultation. The government hopes to collaborate with tenants, landlords and others in the private rental sector to develop and see through this overhaul of the possession procedure as we currently know it.

Comment

Landlords will be concerned by this change as many of them are heavily reliant on section 21 notices. The government will no doubt consider what changes are needed and will be looking at the grounds for possession used with section 8 notices to see what is needed. We will have to wait for the consultation, and its outcome to know more.

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