An update on section 21 notices

New court processes to be put in place before s21 notices are abolished

A debate of the Renters’ Reform Bill took place on 23 October 2023. The Government has confirmed that the abolishment of s21 notices will not be introduced until stronger possession grounds and a new court process is in place.

The proposed ban on no-fault evictions

S21 no-fault evictions grant landlords the ability to evict tenants without giving a reason, which can result in lack of security of tenure for tenants and a culture of fear surrounding challenging poor property conditions and rent increases. In August, the Ministry of Justice reported a rise of 41% in no-fault evictions in the past year.

In April 2019 it was proposed by Theresa May that no-fault evictions should be banned. This would mean that all private landlords, including registered providers, will no longer be able to evict tenants for no reason.

The Government’s proposals

A number of proposals were given by the Government in the response to the Levelling Up, Housing and Communities Committee report on reforming the private rented sector:

• it was reported that the abolishment of s21 would only take place after a new court process is in place. This includes speeding up the court process so landlords can regain possession quickly if a tenant refuses to move out
• a landlord’s ability to increase rent each year will be safeguarded whilst preventing revenge or forced evictions
• a ’privately rented property portal’ was revealed as a potential reform to help landlords demonstrate compliance and understand their responsibilities
• a new ‘private rented sector landlord ombudsman’ service was also proposed to facilitate faster and more cost-effective resolution of disputes
• improving bailiff recruitment and retention alongside reducing administration tasks so that possession enforcement can be prioritised
• providing early legal advice and help with finding housing solutions for tenants
• the Decent Homes Standard will be extended to the private rented sector and tenants will be given the legal right to request a pet
• banning landlord and agent blanket bans on renting to those in receipt of benefits or who have children, while protecting a landlord’s final say over who they rent to, and finally
• a strengthened power of enforcement to local authorities, and new reporting requirements for councils on enforcement activities to help target criminal landlords.

The debate on the Renters’ Reform Bill

A debate took place on 23 October 2023 in Parliament. Despite fierce criticism from Labour’s shadow Housing Secretary, Angela Rayner, it was confirmed by Housing Secretary Michael Gove that it was ‘vital’ to update the court’s processes before no-fault evictions are banned. He stated that the ban cannot be enacted until a series of improvements are made for the system used by landlords to reclaim possession of their homes.

It was confirmed that improvements to the court system include moving more of the process online and reforming the system to prioritise certain cases, particularly those involving anti-social behaviour. A timescale for these improvements was not confirmed.