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If you are a landlord, you need to be aware of the proposed abolition of Section 21, as this will have a major impact.
The potential abolition of Section 21 no-fault evictions signals a significant shake-up for landlords in England. The Renter's Rights Bill is progressing through parliament and will create uncertainty for residential landlords, particularly those dealing with problematic tenants or considering regaining possession of their properties. As experts in landlord and tenant law, Pickerings Solicitors can help you navigate this evolving legal landscape and safeguard your interests.
What Could Change for Landlords?
1. Section 21 Evictions to End: Under the proposed reforms, landlords will no longer be able to evict tenants without providing a specific reason. All possession claims will require valid grounds under Section 8 of the Housing Act 1988, such as rent arrears, property damage, or reoccupation by the landlord. This change could result in longer and more complex eviction processes.
2. Mandatory Court Hearing: Without Section 21, landlords will need prove their grounds for possession at a hearing for every eviction. While digital reforms to the court system are promised, delays and increased legal fees may become an unavoidable reality.
3. Transition to Periodic Tenancies: Fixed-term tenancies may be replaced by periodic agreements, giving tenants more flexibility but limiting landlords’ ability to plan ahead or regain possession of their properties on a specific date.
4. Stricter Rent Regulations: Caps on rent increases and prohibitions on bidding wars could reduce landlords' ability to adjust rents to market rates. This would require landlords to focus on maintaining profitability under more rigid controls. Increased Mandatory Thresholds and Notice Periods: Mandatory thresholds, such as rent arears for evictions are set to increase from 2 to 3 months and notice periods from 2 to 4 weeks.
What Landlords Should Do Now
• Take Immediate Action: Landlords who are considering evicting tenants should act promptly to issue Section 21 notices under the current system. Delaying could mean navigating more complex and lengthy processes under the proposed reforms.
• Understand Section 8 Grounds: Familiarity with the expanded grounds for eviction will be crucial. Gathering evidence to support claims such as tenant misconduct or rent arrears will become a key part of the eviction process.
• Review Tenancy Agreements: Ensuring your tenancy agreements are up-to-date and legally robust can help mitigate risks in light of these proposed changes.
How Pickerings Solicitors Can Help
At Pickerings Solicitors, we offer a comprehensive range of services tailored to the needs of residential landlords. With these potential changes on the horizon, our expertise in landlord and tenant law can make a significant difference in protecting your interests:
• Eviction Support: We assist landlords in issuing Section 21 notices and proceedings (while still permissible) and Section 8 notices and proceedings for more complex evictions.
• Dispute Resolution: Our team provides advice and representation in disputes, including tenant misconduct, rent arrears, or breaches of tenancy agreements.
• Court Representation: If possession claims escalate to court, we instruct skilled representation and where appropriate appoint suitable court advocates, to expedite proceedings and secure favourable outcomes.
• Bailiff Evictions: if necessary, we appoint Bailiffs to take back possession of properties.
For further details on how we support landlords, visit our dedicated Landlord Advice page. (here I am going to link to this page)
Conclusion
While the abolition of Section 21 is not yet set in stone, preparing for its potential implementation is essential for landlords. Acting now can help you navigate current challenges and avoid the pitfalls of the proposed changes. At Pickerings Solicitors, we are here to provide tailored advice and support every step of the way.
If you have issues with or concerns regarding tenants, contact us on 01827 317070 or mail@pickerings-solicitors.com
