No-fault evictions reform: What it's all about

AuthorJames Hodgson

In 2019 the government said it would ban no-fault evictions. Since then, more than 60,000 households in England have contacted councils for help to avoid homelessness after receiving a Section 21 notice.

This is set to change with the introduction of the Renters’ (Reform) Bill, which was tabled in Parliament on 17^th May. The backbone of this Bill is the ban of Section 21 no-fault evictions, which will prevent landlords from evicting tenants with no justification. Additionally, the new law would make it illegal for a landlord to refuse tenancies to families with children, or those in receipt of benefits, while tenants will also have the legal right to request a pet in their home, which cannot be unreasonably refused by landlords.

According to the Department for Levelling Up, Housing and Communities, the Renters’ (Reform) Bill will impact 11 million tenants and two million landlords in England.

What is a no-fault eviction?

Section 21 is a piece of housing legislation that has, for the past 35 years, enabled private landlords to evict tenants at the end of a fixed-term contract without giving a reason. This is known as no-fault evictions. After receiving a Section 21 notice, tenants have as little as eight weeks to leave a property before the landlord can apply for a court order to evict them.

What measures will the Renters’ (Reform) Bill introduce?

The reforms proposed in the Bill are wide-ranging and include the following:

An end to no-fault evictions, meaning a landlord can now only evict tenants if they have a valid and legal reason.
A new ombudsman to resolve disputes between tenants and landlords, with the power to enforce landlord apologies and compensation of up to £25,000.
A new property portal that landlords will have to register with, and which will allow tenants to view information about their landlord before signing a tenancy agreement.
A new Decent Homes Standard that will set minimum standards for the quality of housing in the private rented sector.
The legal right for tenants to request a pet in their home, which landlords cannot unreasonably refuse.
Making it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits, or those with children.
Allowing for rent to only be increased once a year, and with two-months’ notice.

Essentially, the Bill will give tenants long-term certainty and protection against unfair evictions. It will also put an end to costly rent increases and sub-standard homes.

How will landlords be affected?

Despite concerns that the Bill will see many landlords withdrawing properties from the market, thus worsening the rental property shortage, it also protects landlords by making it easier for them to recover properties when they need to, for example so they can sell the property or move in a close family member.

Additionally, notice periods will be reduced where tenants have been irresponsible, for example where they have breached their tenancy agreement or caused damage to the property. The reforms will also strengthen landlords’ powers to evict anti-social tenants, broadening the list of disruptive and harmful activities that can lead to eviction and making it quicker to evict a tenant acting anti-socially.

To ensure the new system works for landlords and tenants, it will be introduced alongside a reformed courts process. For the few cases that do end up in court, more of the process will be made digital in an effort to reduce any possible delays.