It’s ‘out’ with no-fault evictions

Tenants of private rented homes have long been in an insecure position. While a tenancy agreement affords some protection, a landlord’s ability to issue a ‘Section 21’ notice to regain possession of their property could mean a tenant has to leave, often with just two months’ notice, even though they haven’t stepped out of line.

This is known as ‘no-fault’ eviction, a tool for landlords and a thorn in tenants’ sides. While it’s recognised that a landlord may have a legitimate right and reason to want to take their property back (perhaps they want to sell, or to move in), there has been great concern over the years about the position of good tenants who are exploited by unscrupulous landlords and who may struggle to put down roots.

But this could be set to change, as the government plans to ban no-fault evictions by or from next summer. This is among a raft of measures that will be introduced via the Renters’ Rights Bill, which include:

• Giving tenants strengthened rights to request a pet in the property.
• Making it illegal for landlords and agents to discriminate against prospective tenants who receive benefits or who have children.
• Landlords being set a specific timeframe within which to deal with serious hazards in the property.

It’s hoped the measures will improve the position of private renters while retaining a landlord’s rights over their property. ‘Section 8’ – the provision that enables landlords to serve notice where a tenant has breached the terms of their tenancy – will remain an option, and so landlords will still have that important measure at their disposal. But they will have to get to grips with their obligations under the new provisions, which will become clearer in the coming months.

If you are a landlord that wants advice on dealing with a rental property issue (including advice about the changes that are expected to come into force), or a tenant wanting to understand rights and responsibilities in respect of your rented home, contact our team on litigation@bsandi.co.uk or call 01264 353411.