No-Fault Evictions to Be Banned
Private landlords will no longer be able to evict tenants at short notice without good reason, the government has announced.
What's the Current Position?
At present, Section 21 notices allow private sector landlords to evict tenants from their property at any time after the tenant's fixed term contract has expired. Landlords are not required to give a reason for eviction. However, they must give their tenants at least two months' notice.
What Has Prompted the Ban?
Eviction from a private tenancy is the largest cause of homelessness in England.
It has been argued by the Prime Minister that these type of evictions are "unfair". The government therefore aims to give tenants more long term security and protect them from unethical landlords.
How Will Landlords Evict Tenants Without Section 21 Notices?
If these measures are passed, landlords will have to rely on Section 8 notices to evict tenants. Section 8 notices allow landlords to remove tenants during their tenancy.
They may only be issued where tenants have breached the terms of their tenancy agreement and certain conditions have been met, such as where the tenant is in arrears of their rent.
Depending on the grounds on which the landlord seeks the tenant's eviction, the required notice ranges from two weeks to two months.
However, many have argued that Section 8 notices are not effective, and landlords often are forced to take action in court, which is expensive and takes a long time to resolve.
If you need support regarding your tenancy agreements, please contact Aditi Sawjani in our Commercial Property team on 01923 919 319, or complete the form below.