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Government to delay abolition of no-fault evictions until reforms to court system in place

The Government is to delay commencement of a ban on section 21 no-fault evictions “until stronger possession grounds and a new court process is in place”.

The move was confirmed in the Government's response to the Levelling Up, Housing & Communities Select Committee's 'Reforming the Private Rented Sector' report on the forthcoming Renters (Reform) Bill.

Responding to the Committee’s recommendations on court reform, the Government said: “Implementation of the new system will not take place until we judge sufficient progress has been made to improve the courts. That means we will not proceed with the abolition of section 21, until reforms to the justice system are in place.”

The Government response said target areas for improvements included:

  • digitising more of the court process to make it simpler and easier for landlords to use;
  • exploring the prioritisation of certain cases, including antisocial behaviour;
  • improving bailiff recruitment and retention and reducing administrative tasks so bailiffs can prioritise possession enforcement; and
  • providing early legal advice and better signposting for tenants, including to help them find a housing solution that meets their needs.

“We are also strengthening mediation and dispute resolution, seeking to embed this as a member service of the new Ombudsman. This will give landlords stronger tools to resolve disputes before court action is needed,” it said.

The Renters Reform Bill was debated in the Commons for the first time on Monday (23 October).

Labour MP Ian Byrne accused the government of kicking the proposals into the "long grass", adding that his constituents have “zero faith” that they will see a ban on section 21 evictions under this Government.

Labour's shadow housing secretary Angela Rayner meanwhile accused the Government of "betraying" renters with “a grubby private deal that the Secretary of State has struck behind closed doors with his own Back Benchers”.

The Renters (Reform) Bill, which proposes to ban Section 21 ‘no fault’ evictions, was first published in May.

The reforms also aim to speed up the courts process so landlords can “quickly regain possession of their property if a tenant refuses to move out.”

Clive Betts, Chair of the Levelling Up, Housing & Communities Select Committee, called for “assurances” on when the Secretary of State thinks the reforms to the court system will be in place to allow the legislation to be enacted.

He noted that the LUHC Committee recognised that there would be “added work” for the justice system, as “evictions will now require a decision from the courts and more tenants may feel empowered to go to the courts”.

Ben Beadle, Chief Executive of the National Residential Landlords Association (NRLA), said: “Reform of the rental market will only work if it has the confidence of responsible landlords every bit as much as tenants. This is especially important given the rental housing supply crisis renters now face. 

“Following extensive campaigning by the NRLA, we welcome the approach taken by ministers to ensure court improvements are made before section 21 ends. The Government is also right to protect the student housing market. However, more is needed to ensure student landlords are treated the same as providers of purpose-built student accommodation.”

Lottie Winson