What is a No-Fault Eviction?
A No-Fault Eviction – also regarded a Section 21 Notice - is when a landlord does not need to give a reason to end a tenancy. No-Fault Evictions can be used by serving a valid Section 21 notice, in writing and using the prescribed form, at any point after the end of the fixed-term for the tenancy. A No-Fault Eviction allows landlords to evict tenants with 2 months’ notice without breaking any terms of agreement. In May 2023, it was proposed that these evictions get banned to protect renters from unethical landlords and give them peace of mind over their long-term security. A ban on No-Fault Evictions has been promised since the Conservative Election Manifesto in 2019.
Are No-Fault Evictions a problem?
Currently, a No-Fault Eviction sits alongside a Section 8 Notice as the two main processes Landlords can use to evict tenants. Data from the Ministry of Justice suggests Renters’ rights groups and housing charities have been very vocal against No-Fault Evictions, especially so since the Covid-19 pandemic, claiming they create instability amongst tenants, discourage tenants to report issues and undermine any efforts made by the Government to improve the quality of privately rented housing. The Government’s own reform bill published in May 2023 suggested that a ban on No-Fault Evictions would give confidence to tenants and improve the flexibility of rented accommodation.
What happens now?
The Government has now confirmed that the ban will be delayed indefinitely until ‘sufficient progress’ has been made with the court system, whilst not providing a specific timeframe to act within. The total reform of the courts is a £1bn project that has been given a timeframe of 7 years to be completed.
For tenants, this delay is not good news. As of now, there are not many options available for them to challenge a Section 21 Notice, unless they can prove it as invalid or retaliatory. Previous measures to protect renters from eviction during the Covid-19 Pandemic no longer apply, so the options available to tenants are limited.
Landlords and Property Groups have argued that a ban of Section 21 Notices will reduce their control over their properties and their flexibility when managing properties. It also allows them to swiftly deal with problematic tenants and protect their assets, as well as sell their assets on their timeframe.
How can Dawson Hart Solicitors help you?
If you’re a tenant or landlord who has been affected by a Section 21 Notice and wish to discuss your options, contact our specialist Solicitor, Stuart Long by email: firstname.lastname@example.org, or direct dial: 01825 747160.
We are here for you when you need us.