Following the recent plans from the government to overcome barriers to longer tenancies in the private rented sector, private landlords in England and Wales will no longer be able to quickly evict their tenants without a good reason for doing so according to the government’s plans.
Section 21 notices allow landlords to evict tenants, in most cases, with eight weeks notice when the fixed term of the tenancy expires and without the need to prove that a breach has been committed by the tenant.
The news has been welcomed with open arms from tenants and institutions such as Shelter and Citizens Advice Bureau but, inevitably, met with uproar from many landlords. The proposed abolition of section 21 is intended to provide greater security for tenants but such a change, if implemented, will be the biggest the shake up to the private rented sector in England and Wales for some time.
According to the National Landlord Association, landlords have tended to rely on section 21 notices as they have little confidence in the Courts to settle possession claims particularly as the section 8 procedure, which is fault based, takes longer and is more expensive.
It should be noted that the proposal is still subject to further consultation and such consultation may include reform to the County Court system in dealing with possession claims or even an abandonment of the idea altogether. The proposal also comes in the midst of consultation over the proposal for 3 year minimum tenancies.
We will certainly be monitoring the proposed abolition of section 21 notices closely and provide further updates as they become available.