The end of ‘no-fault' evictions: What does it mean for landlords?

During their final months in Government, the Conservatives had made plans for Section 21 Notices to be abolished. Prior to the election, the Renters (Reform) Bill passed through the House of Commons and reached the second reading stage in the House of Lords. The key provisions of the Bill have been embraced by the new Labour government and were a feature of the King’s Speech last month. Thus, the ability of a landlord to obtain possession of their property where there is no fault on the part of their tenant is again under consideration. For the time being, Section 21 Notices can continue to be served by landlords. 

In 2018, the Government introduced a prescribed form of Section Notice, known as ‘Form 6A’. This is the documents for landlords to complete when seeking possession of their property on a ‘no-fault’ basis. In recent years, there had been some flexibility provided by the courts as to the use of this form; for instance in relation to the font sizing, font type and formatting. Previously, the courts had allowed landlords to deviate from the recommended formatting. However, recent decisions suggest that the courts are now less likely to allow such variations and the rules appear to be much stricter. Therefore, any minor procedural errors can hamper the landlord’s ability to obtain possession on this basis. This is in addition to the various other requirements upon landlords must comply with; such as the timely protection of a tenant’s deposit, and the issuing of an Energy Performance Certificate, gas safety records, and the Government’s ‘How to Rent’ guide.

Another factor for landlords to consider is the delays caused by the court process. The Government publishes quarterly national statistics on possession claims for social and private landlords. After many months of increases caused in part by the Coronavirus pandemic, between October and December 2023 the backlog began to drop. In 2019, the average time between a claim being issued by the court and possession being obtained was 44.5 weeks. By the end of 2023, this had fallen to 37.9 weeks. It should also be noted that the number of claims in 2023 was 6000 less than in 2019. Whilst the process is gradually becoming quicker, it is anticipated that the likely scrapping of Section 21 Notices will lead to many more being served whilst there is still the ability to do so. 

There appears to be little doubt now that Section 21 Notices are on the way out. As a landlord, now is the time to consider whether or not you wish to regain possession of your property on a ‘no-fault’ basis. Our specialist Landlord & Tenant team is able to assist with any queries in this respect.

If you have any queries about the end of 'no-fault' evictions, please contact William Spratt on wgs@deanwilson.co.uk or 01273 032354.