The Renters' Rights Bill is set to bring one of the biggest shake-ups the private rental sector has seen in years - including
the end of Section 21 ‘no-fault’ evictions.
While the Bill hasn’t become law yet, it’s coming, and now is the time to get prepared.
What is Section 21?
Under the current rules, Section 21 of the Housing Act 1988 allows landlords in England and Wales to evict tenants without
giving a specific reason, as long as at least 2 months' notice is served. It’s often used to regain possession quickly and avoid legal disputes.
What’s Changing?
Once the Renters' Rights Bill becomes law:
- Section 21 will be abolished.
- Landlords must provide a valid reason to end a tenancy.
- These reasons must fall under Section 8 grounds for possession.
Key grounds (with conditions) include:
- You or a family member moving in - tenancy must have lasted at least 12 months.
- Selling the property - also requires 12 months of tenancy. Sale must be genuine and cannot be used
as a backdoor eviction.
- Redevelopment or major works - that cannot be completed with tenants present.
- Serious rent arrears - tenant must be at least 3 months behind.
- Persistent antisocial behaviour - must be evidenced and ongoing.
'Backdoor' Evictions will be scrutinised
Using rent increases to pressure tenants to leave is going to be under close scrutiny. If you’re planning to raise rent, ensure
it's reasonable, well-documented, and reflects local market rates. Clear communication will be key.
Steps You Can Take To Get Prepared
1.
Review Your Tenancies And Long-Term goals
- Review your current tenancy agreements and their end dates.
- Do you anticipate needing the property back within the next 12 months?
- Are you planning to sell, redevelop, or move back in?
2.
Plan Ahead
If you think you may need to take the property back in the future, it may make sense to:
- Serve notice under Section 21 before it’s abolished, if appropriate.
- Make sure you meet the conditions of Section 8 (e.g. 12 months minimum tenancy) and understand each legal ground.
3.
Improve Documentation
- Keep written records of all communications with tenants.
- Document rent payments, maintenance issues, and inspections.
- Use standardised forms and checklists.
- Ensure your tenancy agreements and deposit protection schemes are up to date.
4.
Stay Informed
- Keep an eye on when the Bill becomes law and what transitional arrangements are introduced.
- Join a landlord association or mailing list for updates and legal guidance.
The end of Section 21 marks a move toward more structured and regulated tenancy agreements. While some landlords may see this as
a loss of control, by preparing early, you can stay ahead and make decisions that protect your property and peace of mind.