News

Section 21 changes – The end of no-fault evictions?

As has been widely covered in the mainstream news, the Government are proposing Section 21 changes to bring an end to no-fault evictions for residential tenants. The following is a brief and simple breakdown of the proposed changes.

The current Section 21 rules

The current law, as explained in our previous article on the matter, allows landlords to serve a Section 21 notice on their tenant. This gives said tenant 2 months’ notice to leave the property, based solely on the fact that the fixed term of the tenancy has come to an end – the tenant does not necessarily need to have done anything wrong.

Whilst many landlords would naturally have little issue with good tenants remaining on a long-term basis, they have enjoyed the flexibility that Section 21 offers, but the Government believes that has come at a cost to tenants.

The proposed Section 21 changes

Should the proposals come into effect then landlords would still be able to regain possession of their property if, for example, their tenant fails to pay the rent, behaves antisocially or causes damage to the property, using the existing section 8 procedure – but they will no longer have an automatic right to possession if one of the grounds under section 8 cannot be established.

It is unclear at this stage whether provision will be made for a landlord to be able to obtain possession of their property if they wish to sell it.

Any changes to the existing Section 21 regime will have to first go through consultation and legislation processes before any new rules come into force. Therefore, at this stage, it is still open to a landlord to seek to obtain possession of their property using the Section 21 procedure should they wish to do so.

Expert legal advice for Landlords

With these potential Section 21 changes incoming, many landlords are in need of sound legal advice in tenant-related matters. Our experienced Litigation department have a vast amount of experience working with landlords. If you need advice on evicting a problematic tenant, our experienced solicitors are on hand to help.

Back to News

More News from Liam

Landlord deposit scheme advice – How to avoid getting caught out!

Table of Contents Landlord deposit scheme rulesSebastiampillai v ParrExpert legal advice for LandlordsWant more Landlord advice? It has long been ...

Read More
Section 21 eviction – potentially major Gas Safety Certificate appeal incoming

Table of Contents Section 21 eviction under the current rulesThe pivotal case of Trecarrell House Limited v RouncefieldExpert legal advice ...

Read More
Tenant Fees Act 2019 – What are the changes?

To help landlords understand the implications of the Tenant Fees Act 2019, we’ve summarised the key changes that it brings, ...

Read More
How to serve a valid section 21 notice on your tenant

Table of Contents What is a Section 21 Notice?When can I serve a Section 21 notice to Quit?Ensure the tenants ...

Read More
Video: Landlord & tenant law, your commonly asked legal questions answered

Watch our video on landlord & tenant law. Our leading expert on landlord services is here to give advice on ...

Read More
Debt Recovery Advice: How long can a debt collector legally pursue old debt?

We often get asked, how long can a debt collector legally pursue old debt? It is a commonly held belief ...

Read More
Connect with Astle Paterson

Connect

Book an Appointment
Book an appointment
Burton on Trent Uttoxeter
Astle Paterson Accreditations

Business & Commercial   •   Conveyancing   •   Family   •   Litigation   •   Wills, Inheritance Tax & Probate   •   Employment