Section 21 reforms to no fault evictions

The Section 21 reforms are part of broader housing legislation changes proposed by the UK Government, particularly through the Renters’ Reform Bill. These reforms aim to abolish "no-fault" evictions in England and Wales, significantly changing the legal landscape.

What does no fault eviction mean for landlords?

Currently if a landlord is able to satisfy all of the statutory requirements in accordance with the Housing Act 1988 then they can issue a Section 21 notice. There is a checklist of documents to ensure landlords are serving a valid Section 21 Notice.  At Pearson Solicitors we work closely with landlords to help them through the process.

“We would always advise landlords to try and keep communication channels open with their tenants and try to resolve any landlord and tenant disputes ahead of filing an eviction notice,” said Leigh Sunter, Litigation Lawyer at Pearson Solicitors in Manchester.

“Sometimes however there is no other way than eviction and then I would advise landlords to have their checklist of documents to hand when they come to us.”

Evicting a tenant

“If a landlord can produce the relevant documents applicable to the tenancy from the checklist then it should be ok to issue a valid Section 21 notice and obtain a possession order without having to go to court,” advised Leigh Sunter.

“We send the claim form and supporting documents to the court on behalf of the landlord. Currently it is taking the courts weeks to process claims, so the sooner a landlord thinks about this and instructs us, the better.”

“The court will then issue the claim, and it is then served on the tenant direct by the court, the tenant has 14 days to reply to the claim and file a defence.  If they fail to reply we can get a possession order provided the judge is satisfied with the supporting documentation” added Leigh.

Key elements of the Section 21 reforms

Section 21 evictions

The main area of the reform concerns the removal of Section 21, which currently allows landlords to evict tenants without needing to provide a reason.

Once abolished, landlords will no longer be able to serve a Section 21 notice to regain possession of a property without fault by the tenant.

The reform proposes the creation of a single system of periodic tenancies meaning that tenants can remain in a property indefinitely unless the landlord provides a valid reason for eviction, based on the conditions outlined in the reforms.  However, tenants would be able to leave at any time with a two-month notice period.

Stronger Section 8 grounds for Eviction

To compensate landlords for the loss of Section 21, the Government plans to strengthen the grounds for eviction under Section 8 of the Housing Act 1988.

This allows landlords to seek possession of the property for reasons such as rent arrears, anti-social behaviour, or breach of the tenancy agreement. The reforms will extend these grounds to cover situations where the landlord wishes to perhaps sell the property or move back into it.

A streamlined court process is also proposed to speed up evictions in legitimate cases.

Notice Periods

Whilst the notice periods under Section 21 were typically two months, under the reformed system, different notice periods will apply depending on the reason for eviction ranging from 4 weeks to 4 months depending on the reason for repossession.

Additional Protections for Tenants

The reforms are aimed at providing greater security and stability for tenants. By abolishing no-fault evictions, tenants will have more confidence that they cannot be forced out of their homes arbitrarily.

The Government is also looking at ways to prevent retaliatory evictions, where landlords evict tenants in response to complaints about the condition of the property.

Rent Increases

The Renters' Reform Bill also addresses concerns around rent increases. Landlords will be required to give tenants at least two months’ notice for any rent increase, and tenants will have the right to challenge unjustified increases through the First-Tier Tribunal (Property) Chamber.

Moving forward the role of local authorities and the Housing Ombudsman is expected to increase, providing tenants with a more accessible route to challenge poor practices or unfair evictions.

Timeline of the Section 21 Reforms

The Renters' Reform Bill was introduced to Parliament in May 2023 and is progressing through the legislative process. As of 2024, the specific timeline for the full implementation of these reforms is still in progress, but the eventual abolition of Section 21 is a central feature of the government's housing policy.

As Leigh says there is potential for both landlord and tenants with these new proposals:

“They will give tenants more security, but for landlords the end of "no-fault" evictions will make it harder to regain possession of a property without specific legal grounds, however in legitimate situations and with a more transparent process, they will still be able to pursue the section 8 grounds for eviction.”

How can we help?

If you are a landlord and have a question about evicting a tenant contact our landlord and tenant dispute solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.