Midlands Litigation Solicitors RLK ask “Is this the end of the Section 21 Notice?”
Under new plans proposed by the government, private landlords will no longer be able to evict tenants at short notice without good reason.
What is a “Section 21 Notice?”
Under current legislation, landlords are able to evict tenants by serving a Section 21 notice. A Section 21 notice allows a landlord to evict a tenant without giving a reason. This section of the 1988 Housing Act can be used to serve an eviction notice either after a fixed term tenancy has ended (where there is a written contract) or during a periodic tenancy (where there is no fixed end date).
What is the Current Eviction Notice Period?
Under Section 21 tenants must be given at least eight weeks’ notice. In addition, those on a periodic tenancy have to be given any extra time that may be covered by their final rent payment.
An End to “No-Fault Evictions”
However, the government has set out new plans to end the practice of “no-fault evictions” by abolishing Section 21. This means landlords will need to provide substantive reasons to evict tenants in the event that a tenant refuses to leave. These reasons must be supported by evidence which can be proved to the Court.
Consequences for the Rental Market
The changes are intended to create greater certainty and security for the tenant. However, they will effectively create open-ended tenancies.
Whilst the proposed changes will have to go through a consultation process before coming into force (due to be launched shortly), in all likelihood evicting a tenant is to become significantly more difficult in the not too distant future.
Midlands Litigation Solicitors RLK: Helping Our Clients Navigate These Changes
** This article does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to provide information on issues that may be of interest. Specialist legal advice should always be sought in any particular case **