Are no fault evictions a thing of the past?

Posted on: 27/06/2022

Category: For you, For your business

The Government published a White Paper, called The Fairer Private Sector White Paper, on 16 June 2022. Within the White Paper the Government discusses how millions of households will benefit from better living conditions within the private rented sector and abolishing no fault evictions.

Under the current law a landlord can serve notice on their tenant (under an assured shorthold tenancy) requesting that they leave without providing a reason. This is commonly referred to as a Section 21 notice. The notice provides the tenant with two months to pack up and move out (the notice period was extended during the Covid-19 pandemic but has now reverted back to two months). If the tenants fail to move out the landlord can apply to the courts for an eviction order.

However, under the proposed changes to the law, in the future, landlords will need to provide tenants with a reason when serving them with a notice to leave the property, such as they are selling the property or that there has been a breach of the tenancy agreement. Tenants will still be able to terminate their tenancy for no reason as long as they give at least two months’ notice to the landlord.

The proposed reforms will also include a ban on landlords refusing to let to tenants with children, tenants who are in receipt of benefits; and landlords must consider tenants with pets. There are also discussions in relation to creating a new Private Renters’ Ombudsman which will deal with disputes between landlords and tenants.

Of course, we don’t know when and if the reforms will become law but we are one step closer to no fault evictions becoming a thing of the past.