Plans to end no-fault evictions ‘biggest shake-up’ in a long time.

Under government plans, private landlords in England will no longer be able to quickly evict their tenants without a good reason for doing so. The government intends to consult on the scrapping of section 21, which allows landlords to evict tenants—with as little as eight weeks’ notice—when their fixed-term contract expires. This quick removal of a tenant is commonly known as a ‘no-fault’ eviction.

What has the government said in its announcement and what are the problems in the current law that this measure is seeking to address?

The government is proposing to change the way that landlords can end assured shorthold tenancies to stop them from being able to evict tenants on what it describes as ‘short notice’ and without good reason. At the moment, landlords can serve notice on tenants requiring possession of a property at the end of the fixed term of the tenancy in a minimum of eight weeks, which is often referred to as ‘the section 21 process’—under section 21 of the Housing Act 1988 (HA 1988). The landlord does not need to give a reason for the eviction and if the tenant does not vacate the property in accordance with the notice, the landlord can use a streamlined court process to obtain a possession order.

 

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