17 May 2023

Government set to abolish section 21 ‘no fault’ evictions

By James Eden, Solicitor, Hayes + Storr.

The Government is set to introduce new legislation that would abolish ‘no fault’ evictions.

Currently section 21 of the Housing Act 1988 allows a landlord to serve a notice (a section 21 notice) on a tenant to leave a property without giving a reason. The notice must provide a tenant with at least two months’ notice, after which time the landlord can apply for a possession order from the court, as long as certain criteria have been met.

The new legislation put forward by the Government would seek to end this process and prevent possession via a section 21 notice. This would leave landlords with having to serve a section 8 notice in order to regain possession.

Section 8 notices require a landlord to rely on the prescribed grounds for possession as set out in Schedule 2 of the Housing Act 1988 and therefore can only usually be issued when a tenant is in breach of the terms of the tenancy agreement. Depending on the term broken by the tenant, the landlord has to give the tenant between two weeks and two months’ notice.

It remains to be seen when the proposed ban on section 21 notices will come in to affect.

If you have any questions contact james.eden@hayes-storr.com in the litigation team or call 01328 863231.