GLD Vacancies

Government to consult on end to ‘no-fault’ evictions, blaming s.21 process for causing family homelessness

The Secretary of State for Housing, Communities and Local Government has unveiled plans to consult on legislation to abolish Section 21 evictions, also known as ‘no-fault’ evictions.

James Brokenshire said that as a result private landlords would no longer be able to evict tenants from their homes at short notice and without good reason.

Under the MHCLG proposals, landlords will have to provide a concrete, evidenced reason already specified in law for bringing tenancies to an end.

The Ministry said the changes would “effectively create open-ended tenancies, bringing greater peace of mind to millions of families who live in rented accommodation”.

It added: “It will give them the reassurance that they will not be suddenly turfed out of their home and reduces the risk of being faced with having nowhere else to go. And evidence shows that the end of tenancies through the Section 21 process is one of the biggest causes of family homelessness.”

The MHCLG said that, to ensure responsible landlords could have confidence that they will be able to end tenancies where they have legitimate reason to do so, the Section 8 eviction process will be amended, “so property owners are able to regain their home should they wish to sell it or move into it”.

Court processes will also be expedited “so landlords are able to swiftly and smoothly regain their property in the rare event of tenants falling into rent arrears or damaging the property – meaning landlords have the security of knowing disputes will be resolved quickly”.

Ministers are also to work with other types of housing providers outside of the private rented sector who use these powers.

The Communities Secretary said: “By abolishing these kinds of evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves – not have it made for them. And this will be balanced by ensuring responsible landlords can get their property back where they have proper reason to do so.

“We are making the biggest change to the private rental sector in a generation. We are creating homes, opportunities and thriving communities, where people can come together and put down roots, bound by a strong sense of belonging.

“Everyone has a right to the opportunities they need to build a better life. For many, this means having the security and stability to make a place truly feel like home without the fear of being evicted at a moments’ notice.”

A consultation will shortly be launched on the proposals to remove the ability of landlords to use ‘no fault’ evictions under Section 21 of the 1988 Housing Act.

The government has today published its response to its consultation on Overcoming the barriers to longer tenancies in the private rented sector.

A formal response to a consultation on whether to establish a specialist Housing Court is expected to be published shortly.