New legislation that could stop landlords from serving tenants notice to vacate the property even if the tenants are not at fault could be passed.
The government has spent 12 weeks consulting on plans to abolish Section 21 of the Housing Act 1988, in a bid to provide a fairer deal for both tenants and landlords.
Currently, landlords are able to serve tenants 2 months’ notice to vacate the property, whether or not the tenant has breached the tenancy agreement or not.
Under the new proposed plans, landlords would have to rely on Section 8 of the Housing Act 1988 to evict a tenant from the property.
Section 8 outlines 17 mandatory and discretionary grounds in the landlord can serve notice to a tenant for, which includes the tenant being in rent arrears, anti-social behavior, and the mortgage lender foreclosing on the property.
The Residential Landlords Association (RLA) has said that the section 8 process is not fit for purpose, as it does not offer the same level of certainty as a Section 21 does. They have called for the Section 21 to be retained until the possession processed has been re-formed to include a housing court with faster bailiffs, greatly enhanced grounds for possession and welfare reform so that landlords can confidently rent to more vulnerable tenants.
The government’s consultation paper proposes improvement to strengthen the existing grounds for possession under Section 8 of the Housing Act 1988, particularly where the property is required to be used by the landlord’s family, and also where the landlord would like to sell the property.
For more information:
ARLA – https://www.arla.co.uk/news/april-2019/government-plans-to-abolish-section-21.aspx
RLA – https://news.rla.org.uk/tag/no-fault-eviction/
GOV – https://www.gov.uk/government/consultations/a-new-deal-for-renting-resetting-the-balance-of-rights-and-responsibilities-between-landlords-and-tenants