No-fault Evictions to be Scrapped Under New Bill

18/05/2023

The UK Government will ban ‘no-fault’ evictions in a new Bill designed to overhaul England’s private rental sector.

The long-awaited Renters’ Reform Bill was tabled in Parliament yesterday (17 May 2023) and will abolish a key piece of housing legislation that allows landlords to evict tenants with no justification, known as a Section 21 notice.

Under Section 21, landlords can ask tenants to move out of a property without a reason. Tenants have two months to vacate the property before a landlord can apply for a court order to evict them.

The Bill is intended to make the private rental system fairer and improve standards. Housing Secretary Michael Gove said the Bill would ensure renters are "protected from the very small minority of rogue landlords who use the threat of no-fault eviction to silence tenants who want to complain about poor conditions".

“Too many renters are living in damp, unsafe, cold homes, powerless to put things right, and with the threat of sudden eviction hanging over them,” he said.

"This government is determined to tackle these injustices by offering a new deal to those living in the private rented sector; one with quality, affordability and fairness at its heart."

The new law will also make it illegal for a landlord to refuse to rent properties to families with children or to those claiming benefits. Tenants will also be given the legal right to request to keep a pet in their home.

While lauded by campaigners as introducing “once-in-a-generation” reform of the housing market, the Bill has been criticised by some for not going far enough.

The London Renters Union believes that landlords could circumnavigate the new eviction ban by using large rent hikes and other ‘back door’ evictions to force unwanted tenants out.

Siobhan Donnachie, the spokeswoman for the London Renters Union, branded the bill "long overdue" and said "inflation-busting rent" will mean renters will still feel insecure.

"For the many families struggling with housing costs at the moment, a 20% rent hike is simply a no-fault eviction under a different name,” said Donnachie.

"If the government is serious about bringing renters security in our homes, it must recognise how insecure renters feel speaking out against unsafe housing or planning for the future with the threat of inflation-busting rent increases hanging over our heads."

Some of the key measures to be introduced in the Renters’ Reform Bill include:

• An end to no-fault evictions.
• Landlords cannot refuse to rent properties to benefit claimants or people with children.
• Landlords must consider all requests to keep pets and can’t unreasonably refuse them.
• Easier for landlords to evict tenants for anti-social behaviour and repeatedly missing rent payments.
• Minimum housing standards to be introduced for the private sector.
• New Ombudsman to provide quicker and cheaper resolutions to tenancy disputes.
• A new online property portal where landlords must demonstrate compliance with legal requirements.
• Apply the Decent Homes Standard to the private rented sector to improve the quality of homes.
• Strengthen councils’ enforcement powers to help target criminal landlords.

Landlord and Tenant Solicitors Greater Manchester and Chester

If you have any questions about the upcoming reforms or are a landlord or tenant and need advice on a legal issue, please get in touch with Russell & Russell Solicitors. You can call us on 0800 103 2600 or make an online enquiry.

Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.